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ALL NIGERIA PEOPLES PARTY (ANPP) V. PEOPLES DEMOCRATIC PARTY (PDP) & ORS.

(2003) JELR 33341 (CA)

Court of Appeal  •  CA/PH/EPT/206/2003  •  26 Nov 2003  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; ABOYI JOHN IKONGBEH JCA; DAVID ADEDOYIN ADENIJI JCA;

Judgement

JOHN IKONGBEH, J.C.A. (Delivering the Leading Judgment): The appellant herein was the petitioner before the National Assembly/Governorship and Legislative Houses Election Petitions Tribunal, sitting at Port-Harcourt. It was one of the registered political parties in the country and sponsored candidates in each of the two constituencies in the State for election into the State House of Assembly. The 1st respondent, another of the registered political party, also sponsored candidates at the election.

At the end of the election the candidates sponsored by the 1st respondent were returned as duly elected. Not happy, with the result the petitioner/appellant presented a petition to the Tribunal seeking to have the results reversed in favour of its candidates. Upon being served with the petition, the 1st respondent entered a conditional appearance and thereafter, filed an application seeking an order of the Tribunal striking out the petition on the grounds that -

"(i) the petitioner/responde…

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