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BARRISTER PETER O. MADUBUEZE V. COMRADE TONY NWOYE & ORS

(2015) JELR 48719 (CA)

Court of Appeal  •  CA/E/EPT/34/2015  •  10 Dec 2015  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Appearances
Ken E. Mozia, Esq. (SAN) with him, A.C. Anaenugwu (SAN) O.L. Udemezue, Esq. and C.N. Madubueze, Esq. For Appellant Chief Olusola Oke with him, Chief Olajide Ajana, Emenike Ikoro Esq., Aniagbaoso Pius, Ofoegbunam, Esq., Ofoegbunam Chijioke, Esq.,Debo S. Ikuesan Esq., for 1st respondentIkenna Amaechi, Esq., with him, B.B.M. Maduekwe, Esq., J.O. Igiebor Esq., S.C. Udemezue Esq., Sylvester Odili, Esq. for 2nd respondent.Ibrahim K. Bawa (SAN) with T.M. Inuwa Esq., Nnamdi Nwaeze Esq., Alhassan A. Umar Esq., Rahima Aminu (Mrs), Ahmed Goni Ismai Esq. and I.S. Mohammed Esq. for 3rd - 8th respondents. For Respondent

Judgement
<p>EMMANUEL AKOMAYE AGIM, J.C.A. :(Delivering the Leading Judgment): The general election to the office of member of the House of Representatives for Anambra East/Anambra West Federal constituency held on 28-3-2015. 12 candidates contested the election. The appellant contested the election on the platform of the 2nd respondent. The 1st respondent contested the election as the candidate of Peoples Democratic Party, a registered Political Party in Nigeria. At the conclusion of the election, the appellant was declared to have the majority of lawful votes cast in the election (19,065 votes), declared the winner of the election and returned elected as member representing Anambra East/Anambra West Federal constituency in the House of Representatives. The 1st respondent who was declared to have secured 16,965 lawful votes, coming second after the appellant, was dissatisfied with the declared result of the election.</p><p>On 17-4-2015, the 1st respondent filed an election petition in the Anambra State …</p>

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