DR. STEPHEN ONMEJE MR. CHARLES OCHIMA CHIEF JOHN AGBAJI ATTA OCHOGA V. ANDREW OKORE ODUMU INDEPENDENT NATIONAL ELECTORAL COMMISSION THE RESIDENT ELECTORAL COMMISSIONER, BENUE STATE THE ELECTORAL OF FICER, ADO LOCAL GOVERNMENT THE RETURNING OF FICER, ADO LOCAL GOVERNMENT THE RETURNING OFFICER, UKWONYO WARD, ADO LOCAL GOVERNMENT THE RETURNING OFFICER, UKWONYO WARD, ADO LOCAL GOVERNMENT THE RETURNING OFFICER, ULAYI WARD, APA WARD, ADO LOCAL GOVERNMENT THE PRESIDING OFFICER, METHODIST PRIMARY SCHOOL 1 POLLING STATION, APA WARD THE PRESIDING OFFICER, RCM SCHOOL POLLING STATION, APA WARD THE PRESIDING OFFICER, APA 1 MARKET SQUARE POLLING STATION, APA WARD THE PRESIDING OFFICER, APA II OPP. AUSTIN CHEMIST POLLING STATION, APA WARD THE PRESIDING OFFICER, APA III BYAI-UNAZI PLAY GROUND POLLING STATION, APA WARD THE PRESIDING OFFICER, APA IV BYAI- IKPACHO BOREHOLE POLLING STATION, APA WARD THE PRESIDING OFFICER, APA OGBOZU MARKET SQUARE POLLING STATION, APA WARD THE PRESIDING OFFICER, OKPODO PLAY GROUND POLLING STATION, APA WARD THE PRESIDING OFFICER, AZIGBILEDE PLAY GROUND POLLING STATION, APA WARD THE PRESIDING OFFICER, OKPOBILA MARKET SQUARE POLLING STATION, APA WARD THE PRESIDING OFFICER, OGEBE PRIMARY SCHOOL POLLING STATION, APA WARD THE PRESIDING OFFICER, UMUEZEOKA PLAY GROUND POLLING STATION, APA WARD THE PRESIDING OFFICER, IVETSE PRIMARY SCHOOL POLLING STATION, APA WARD THE PRESIDING OFFICER, METHODIST PRIMARY SCHOOL II POLLING STATION, APA WARD
(2009) JELR 57216 (CA)
Court of Appeal
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CA/J/HA/399/07
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6 Apr 2009
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Nigeria
Coram
JA’AFARU MIKA’ILU JCA (Presided) UZO NDUKWE-ANYANWU JCA ABUBAKAR DATTI YAHAYA JCA (Read the Lead Judgment)
Appearances
J. S. Okutepa Esq. (with him, Steve Abar Esq, E. T. D. Ganranki) -
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for 1st - 20th Appellants in the 1st Appeal.
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J. A. Otopa Esq. (with him, E. Onoja Esq.) - for 1st Respondent
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B holding the brief of A. N. Anyamene (SAN) in both appeals.
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Mandeun (Miss) - for 2nd - 21st Respondents in 1st Appeal.
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J. S. Okutepa - for 2nd - 4th Respondents in 2nd Appeal.
Judgement
YAHAYA JCA (Delivering the Lead Judgment): There are two appeals which unfortunately, have been given the same number. I can’t change that at this stage. I shall refer to them as the 1st appeal, and the 2nd appeal as was also done by counsel at the hearing of the appeals.
On 14 April 2007, an election was held in the Ado Constituency, for the membership of the Benue State House of Assembly. At the close of voting, Dr. Stephen Onmeje, the 1st appellant herein, was returned as elected by the 4th and 5th respondents to the petition, based on the following number of votes received by three candidates at the election: Dr. Stephen Onmeje (ANPP) - 25,636
Andrew Okore Odumu (PDP) - 24,533 3. Kate Ijogi (AC) - 1,254 The petitioner, Andrew Okore Odumu, now the 1st respondent , challenged the results and return of the appellant. He prayed the tribunal for:
A declaration that there was no election in Apa ward.
A declaration that the correct/actual score of the 1st respondent in Ukwonyo ward is 1929…
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