CHIMA ANOZIE V. DR. KEN OBICHERE & 70 ORS

ADENIJI, JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Governorship/Legislative Houses Election Tribunal Imo State, sitting at Owerri, striking out the petition of the appellant on the ground that it did not comply with the provisions of the law. The ruling was given on 3rd May 2003 and the appellant being dissatisfied appealed against same.

The facts of the case are simple. The appellant and the 1st respondent together with another candidate contested the election on the platform of the ANPP while the 1st respondent contested on the platform of the PDP. A The other candidate, Mr. Magnus Amadi was said to have contested on the platform of the APGA. At the end of the exercise, the 1st respondent was declared returned by the officiating officers.

The complaint of the appellant is that in making the declaration, the 2nd respondent had declared in Formthat the election was not contested wherefore the 1st respondent was returned as elected. The appellan…