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HON. OKOTO FOSTER BRUCE v. MR. EBIKEME FRANK ERE & ORS.(2004)

(2004) JELR 45103 (CA)

Court of Appeal  •  CA/PH/EPT/147/2004  •  8 Dec 2004  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA; JOHN AFOLABI FABIYI JCA; MONICA BOLNA'AN DONGBAN-MENSEM JCA;

Judgement

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A.: In this appeal, the appellant has appealed against the judgment of the Election Tribunal for Southern Ijaw Federal Constituency, which sat in Yenagoa in the National Assembly Governorship and Legislative Houses election for Ijaw Federal Constituency; for the House of Representative of the National Assembly.

Here are the facts preceding the appeal. In the election for southern Ijaw Federal constituency, held on 12th April 2003, Mr. Ebikeme Frank Ere was declared elected for the area. The petitioner herein was aggrieved by the decision, he filed a petition. In the petition before the election Tribunal, the following issues were submitted for consideration.

(1) That the result of the election into the southern Ijaw Federal constituency as declared by the respondent is baseless, null and void and of no effect whatsoever.

(2) That Mr. Ebikeme Frank Ere the 1st Respondent was not duly elected on the basis of number of valid votes cast in the election,…

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