INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS V. OKWESA O. ANTHONY & ORS

ABDU ABOKI, J.C.A.(Delivering the Leading Judgment):This is a consolidated appeal in respect of Appeals No. CA/E/EPT/47/08 and CA/E/EPT/54/08. Both appeals were consolidated by the order of the court granted on 24/4/2010.

In Appeal No. CA/E/EPT/47/08, the Appellants who were the 2nd - 5th Respondent at the tribunal are appealing against the decision of the Anambra State Governorship/Legislative Houses Election Petition Tribunal, as contained in the judgment of I.M. Bako (Chairman) Bolaji - Yesuf M. H.A. Balogun, S.A. Bola and B.T. Ebuta JJJ delivered on Friday, the 22nd day of February, 2008 nullifying the election of the 1st Respondent to the petition.

The fact of this appeal is briefly stated as follows.

The petitioner was a candidate of All Progressive Grand Alliance (APGA) at the election held on 14/4/2007 for the Ogbaru II State House of Assembly Constituency. The 1st Respondent also contested the election at the end of which, she was returned as the winner of the election.

Aggri…