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IKIRIKO ODHULUMA HOPE V. BARRISTER JOSEPH ELLEH & ANOR

(2009) JELR 39926 (CA)

Court of Appeal  •  CA/PH/EPT/199/2008  •  2 Apr 2009  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMED LAWAL GARBA JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA;

Appearances
J. T. Kpakol with E. O. Kala and O. N. Atako for the Appellant holding brief ofS. Dappa- Addo. For Appellant C. N. Eke for the 1st RespondentF. N. Amadi Mrs. holding E. B. Ukiri's for the 2nd Respondent For Respondent

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Governorship and Legislative Houses Election Petition Tribunal, holden at Port Harcourt, Rivers State which was delivered in respect of petition NO. EPT/SA/20/2007 on 17/3/2008.

On 14/4/2007, the 2nd Respondent had conducted an election for membership of the state Houses of Assembly throughout the country. In Rivers State most especially, the Appellant and the 1st Respondent contested the said election for Ahoada West State Constituency in the Ahoada West Local Government under the platforms of the Peoples Democratic Party, and the Democratic Peoples Party, respectively. At the conclusion of the election in question, the Appellant was declared and returned as having won the election with a total of 13,635 votes. The 1st Respondent, on the other hand, was credited with 162 votes.

The 1st Respondent was however dissatisfied with the result of the election. Thus, on 14/5…

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