Uchenna S. Okafor V. Independent National Electoral Commission (INEC) & Ors. (2008)

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STANLEY SHENKO ALAGOA, J.C.A.

This is an appeal against the judgment of the Governorship and Legislative Houses Election Tribunal for Anambra State sitting at Awka in Petition number EPT/AN/SAE/24/07 – UCHENNA S. OKAFOR V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & 5 ORS delivered on the 3rd day of March 2008 in which the 6th Respondent Barrister Nnamdi Ezike of the Peoples Democratic Party (PDP) was declared duly elected by the 1st-5th Respondents to the seat of member of the House of Assembly representing Nnewi South constituency I in the April 2007 election. The Appellant Uchenna Okafor of the All Progressive Grand Alliance (APGA) has appealed against the said Judgment by his Notice of Appeal dated the 14th March 2008 and filed on the 15th March 2008. The 1st-5th Respondents on the one hand and the 6th Respondent on the other hand have filed Notices of Preliminary Objection to the Appeal on the 2nd July 2008 and 7th July 2008 respectively pursuant to order 10 Rule 1 of the Court of Appeal Rules 2007 which objections challenge the competence of a good number of the Grounds contained in the Notice of Appeal and the issues formulated from those Grounds. For a fuller appreciation of this discourse it is pertinent therefore to reproduce the Notice of Appeal in its entirety. The said Notice of Appeal as contained at pages 730-736 of the Record of Appeal is reproduced hereunder.

IN THE COURT OF APPEAL

HOLDEN AT ENUGU

APPEAL NO.

PETITION NO. EPT/AN/SAE/24/007

IN THE ELECTION TO THE STATE LEGISLATIVE ASSEMBLY FOR NNEWI SOUTH 1 CONSTITUENCY, ANAMBRA STATE SLATED FOR 14TH APRIL 2007, RESCHEDULED TO HOLD ON 28TH APRIL 2007

BETWEEN

UCHENNA S. OKAFOR – PETITIONER/APPELLANT

AND

1. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
2. PROF. MAURICE IWU (CHAIRMAN INEC) AND CHIEF ELECTORAL OFFICER
3. MR. NASIRU AYILARA,

THE RESIDENT ELECTORAL COMMISSIONER, ANAMBRA STATE

4. (MR. SAMUEL UMEH)

THE ELECTORAL OFFICER, NNEWI SOUTH

5. THE RETURNING OFFICER, NNEWI SOUTH CONSTITUENCY 1
6. BARRISTER NNAMDI EZIKE,

PDP HOUSE OF ASSEMBLY CANDIDATE,

NNEWI SOUTH CONSTITUENCY 1