Pius Nwoga V. Mr. Emeronye Benjamin & Ors. (2008)

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SULEIMAN GALADIMA, J.C.A.

This is an appeal by the 1st Respondent (now the “Appellant”) against the decision of the Governorship and Legislative House Election Tribunal holden at Owerri in Imo State of Nigeria delivered on 31/10/2007 declaring that the 1st Respondent, the candidate of All Progressive Grand Alliance (APGA) herein scored the majority of lawful votes cast at the election of 14/4/2007. Hence, he was declared the member representing AHIAZU MBAISE LOCAL GOVERNMENT AREA CONSTITUENCY.

Dissatisfied with this decision the Appellant brought this Notice of appeal containing THREE GROUNDS of appeal. The grounds of Appeal shorn of their particulars are as follows:

“GROUND ONE

ERROR IN LAW:

The Honourable Election Petition Tribunal erred in law then the Tribunal held as follows:-

“Relying on Exhibit 10, our conclusion is that the genuine result for Eke Amuzi polling station is the cancelled result for that unit.

GROUND TWO

ERROR IN LAW

The Honourable Election Petition Tribunal erred in law when it held as follows:

“The second set of votes in Exhibit 1 which we have found are not authentic namely 114 votes accredited to the petitioner and 82 votes for the 1st Respondent must be deducted from their scores of 10,956 and 10,827 votes respectively to arrive at the final scores of each of them. After such deduction the scores will now read:

Petitioner 10,842

1st Respondent 10,745 votes

GROUND THREE