DR. OKEY ENEMUO V. CHIEF CHIDI DURU, INDEPENDENT NATIONAL ELECTORAL COMMISSION, DR. ABEL GUOBADIA & ALHAJI HASSAN SULAIMAN

FABIYI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the National Assembly/Governorship and Legislative Houses Election Tribunal holden at Awka, Anambra State with Nabaruma J. as chairman. The judgment was handed out by the Tribunal on 15th August, 2003. The petition which was filed by the 1st respondent herein against the appellant and 2nd to 4th respondents herein prayed that it be declared as follows:

“(i) That the petitioner (1st respondent herein) was validly elected and/or returned as winner having polled the highest number of lawful votes cast at the said election and was duly declared as winner and issued with form EC8E(I) by the returning officer, to wit; Aguata House of Representatives Federal Constituency of Anambra State.

(ii) That the 1st respondent (in the petition) by itself, its servants or agents have no power under the 1999 Constitution of the Federal Republic of Nigeria, the Electoral Act, 2002 and the 1st respondent’s guidelines to …