Raymond D. Akolo & Anor V. Godiya Akwashiki & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UCHECHUKWU ONYEMENAM, J.C.A (Delivering the Leading judgment)

The appeal is against the decision of the National and State House of Assembly Election Petition Tribunal sitting at Lafia, Nasarawa State delivered on 21/10/2011. The appellants in the petition challenged the declaration of the 1st Respondent as the duly elected member representing Nasarawa Eggon West State Constituency which election was conducted on the 26/4/2011.

Dissatisfied with the decision of the Tribunal, the Appellant has appealed to the Court vide a Notice of Appeal filed on 9/11/2011 containing six grounds of appeal. Briefs were duly filed with issues formulated therein. Appeal was heard and judgment reserved to be given in accordance with Section 285 (8) of the 1999 Constitution (as amended).

DECISION

Upon a careful consideration of the petition, respondents’ replies, parties briefs of arguments with legal submissions and relevant authorities; I hold that appellants failed to establish that the 1st respondent presented a forged document (Exhibit N) to the 5th respondent. The appeal therefore lacks merit and is hereby dismissed. Decision of the Tribunal dismissing Petition No. EPT/NS/HA/15/2011 on its merit is hereby upheld. Reasons for the above decision shall be given on a later date to be communicated to the parties and their counsel. No order for costs.

---

Other Citation: (2011)LCN/4993(CA)

[/membership]