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SENATOR CHRIS ADIGHIJE v. HON. NKECHI J. NWAOGU & ORS.

(2010) JELR 33764 (CA)

Court of Appeal  •  CA/PH/EPT/667/2008  •  29 Mar 2010  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMUJI JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is appeal against the judgment of the lower Tribunal sitting in Umuahia, Abia State delivered on 24/10/08 dismissing the petition of the Appellant. There are some facts which should highlighted: The 1st Tribunal on 26/11/07 had dismissed the petition in limine for non joinder of parties, an issue on which it had previously made a contrary ruling. The Court of Appeal in its judgment dated 14th May, 2008 reversed the decision of the Tribunal on this ground and because the Tribunal did not make a finding on the merit of the petition, sent the petition back to a reconstituted Tribunal to determine the petition based on the issues joined by the parties in respect of paragraphs 17 - 20 of the petition. To put it succinctly, the new Tribunal was to determine:

"the question whether or not election was conducted in Osisioma Ngwa Local Government Area on 28th April, 2007 as pleaded in paragraphs 17, 18, 19 and 20 of the …

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