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FRIDAY WENIABO v. NEIN EBIAKPO & ORS

(1999) JELR 43830 (CA)

Court of Appeal  •  CA/PH/EP/94/99  •  23 Apr 1999  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; MICHAEL EYARUOMA AKPIROROH JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

MICHAEL EYARUOMA AKPIROROH, J.C.A. (Delivering the Leading Judgment): Governorship and Legislative Houses Election Tribunal sitting at Yenagoa delivered on 22nd March, 1999. The petition was in respect of the State House of Assembly election held on 30/1/99.

The 1st Respondent as the petitioner Nein Ebiakpo and Friday Weniabo were candidates at the election. The 1st Respondent contested under the platform of the All People Party (APP) while the appellant contested under the platform of the Peoples Democratic Party (PDP).

At the end of the polls, the 1st Respondent was credited with 1,800 votes while the appellant was credited with 2,538 votes. The appellant was therefore declared the winner of the election having scored the highest votes in the said election.

The petitioner was dissatisfied with the results as declared by the 2nd-4th Respondents and accordingly filed a petition against it before the aforesaid election Tribunal. He set and the grounds, in which he based his petition i…

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