CHIEF FLINT OBIEKWE V. CHIEF BEN OBI SIR I. G. ABANA PEOPLES DEMOCRATIC PART (PDP) ANAMBRA STATE ELECTORAL COMMISSIONER THE INDEPENDENT NATIONAL ELECTORAL OFFICER (INEC) THE RETURNING OFFICER, ANAMBRA CENTRAL SENATORIAL DISTRICT V. CHIEF BEN OBI V. THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) CHIEF ELECTORAL COMMISSIONER/ CHAIRMAN, INEC RESIDENT ELECTORAL COMMISSIONER, ANAMBRA STATE THE RETURNING OFFICER, ANAMBRA CENTRAL SENATORIAL DISTRICT SIR I. G. ABANA
(2005) JELR 56977 (CA)
Court of Appeal
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CA/E/EPT/23/2003
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12 Jan 2005
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Nigeria
Coram
SULEIMAN GALADIMA JCA (Presided and Read the Lead Judgment) JOSEPH JEREMIAH UMOREN JCA JA’AFARU MIKA’ILU JCA
Appearances
C. Arinze Onyia Esq. (with him O. D. Okeke Esq. and P. O. Agu F
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Esq.) - for the Appellant .
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Chief Chris Uche SAN (with him, U. Obinewu Esq., I. Iloani Esq., E Akpamgbo Esq., U. I. Igweneme Esq. and P. I. B. Agbotu Esq.) - for the 1st Respondent .
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Chukwu Ukwu Esq. holding brief of Wale Adebayo Esq. - for the G
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2nd Respondent .
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G. C. Igbokwe Esq - for the 3rd Respondent.
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A. T. Udechukwu Esq. - for the 4th - 6th Respondents .
Judgement
GALADIMA, JCA (Delivering the Lead Judgment): This is an appealagainst the decision of the National Assembly/Governorship/Legislative Houses Election Petition Tribunal sittingat Awka,Anambra State of Nigeria delivered on the 8th day ofAugust, 2003 declaring Chief Ben Obi, now the 1st respondent, as the duly elected and returned as member of the Senate forAnambra Central Senatorial District in that election, held throughout the Federal Republic of Nigeria.
It is considered necessary to state what prompted the petition as culled from the record of proceedings of this appeal. It is that the 4th respondent having declared, returned and even issued the 1st respondent (Chief Ben Obi) a declaration of result form EC8E then, on 16/4/2003, announced in a press release dated 18/4/2003 that the said declaration had been invalidated, cancelled and nullified. By another press released of 26/4/ 2003, the 4th respondent stated that the 2nd respondent be declared the winner of the said election acti…