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MR. ATTIE SAMUEL WANINI-EMI V. MR. DELIGHT IGALI & ORS.

(2009) JELR 33991 (CA)

Court of Appeal  •  CA/PH/EPT/529/08  •  18 Jun 2009  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; TIJJANI ABDULLAHI JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant and the 1st Respondent were candidates in the election conducted by the 6th Respondent on April 14th, 2007 for the Constituency Three (3), Southern Ijaw Local Government Area seat at the Bayelsa State House of Assembly. At the end of the election the 1st Respondent was declared and returned as the winner. Being dissatisfied with the return; the Appellant presented an election petition against same before the National Assembly, Governorship and Legislative Houses Election Tribunal Bayelsa State (to be called Tribunal from now) as required by section 140(1) of the Electoral Act, 2006. However after hearing arguments on an objection raised by the 1st Respondent, the Tribunal struck out the petition on the 19/7/07 on ground of incompetence. An appeal by the Appellant to this court against that decision of the Tribunal was allowed and a trial of the petition on the merit was ordered at the end of which the petitiā€¦

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