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PRINCE CHIJIOKE B. NNAJI V. PRINCE GODDY AGBO INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 445 ORS.

(2004) JELR 51098 (CA)

Court of Appeal  •  CA/E/EPT/12/2003  •  26 Feb 2004  •  Nigeria

Coram
OKWUCHUKWU OPENE JCA (Presided and Read the Lead Judgment) KUMAI BAYANG AKAAHS JCA DAVID ADEDOYIN ADENIJI JCA

Appearances
Chief Mike Okoye (with him, B. Chiejine, M. M. Eze, U. Eze, E. N. Nibe) - for the Appellant. G -*- A. I. Ani - for the 1st Respondent. -*- Peter Eze - for the 2nd - 445th Respondents.

Judgement
<p><strong> OPENE JCA (Delivering the Lead Judgment): </strong> On the 18th day of April, 2003, a general election was held throughout the country into the National Assembly; the petitioner/appellant contested the House of Representatives seat on the platform of All Progressive Grand Alliance (APGA) for EnuguNorth and South Federal Constituency, the 1st respondent also contested the election on the platform of Peoples Democratic Party (PDP). There were also other candidates who contested the election on the platform of other political parties.</p><p>At the end of the election the 1st respondent, Prince Goddy Agbo was declared the winner having scored 119,828 votes as against 5,305 votes scored by the petitioner/appellant. The petitioner/appellant was unhappy and dissatisfied with the election result whereby he filed an election petition challenging the result of the said election result. In his petition, the petitioner/appellant prayed as follows:-</p><p>“Wherefore your petitioner prays that it may be determined that …</p>

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