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NEW NIGERIAN PEOPLES PARTY (NNPP) & ANOR V. FRANKLIN OTELE & ORS

(2003) JELR 44962 (CA)

Court of Appeal  •  CA/PH/EPT/223/2003  •  2 Dec 2003  •  Nigeria

Coram
MICHEAL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA; DAVID ADEDOYIN ADENIJI JCA;

Judgement

M. E. AKPIROROH, J.C.A. (Delivering the Leading Judgment): There are two appeals in this Suit. The first Appeal CA/PH/EPT/167/2003 is an interlocutory Appeal by the 1st Respondent against the Ruling of the Tribunal delivered on 13/6/2003 in which the Tribunal held that the Petition was competent in law. The second Appeal (CA/PH/EPT/223/2003) filed by the Appellants is against the judgment in the substantive Suit delivered on 16/7/2003 challenging the dismissal of the petition.

The dispute that led to the filling of the petition at the Tribunal arose over the result; of the election declared by the 3rd respondent in respect of election to the Bayelsa State House of Assembly for Yenagoa Constituency 3 which was re-scheduled and held on 6/5/2003.

The appellants claimed in their petition as follows:

(i) "That the purported return of the 1st Respondent at Yenagoa be annulled as invalid and that the entire purported election be also declared invalid, void and vitiated by reason of non-compl…

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