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BARRISTER AGBAI NNACHI AGWU & ANOR v. OJI BLAISE EZE & ORS

(2012) JELR 35178 (CA)

Court of Appeal  •  CA/E/EPT/54/2011  •  23 Feb 2012  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; ALI ABUKAKAR BABANDI GUMEL JCA; IGNATIUS IGWE AGUBE JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): At the National/State Assembly Election Petition Tribunal Holden at Abakaliki Ebonyi State, the Petitioners (now Appellants) filed a ten paragraph petition supported by 3 Grounds and particulars thereof. The petitioners also sought for four declaratory reliefs and orders declaring the 1st Petitioner duly elected and returned, having scored the majority of the lawful votes cast at the election into the Afikpo South-East Constituency of the Ebonyi State House of Assembly and for the Tribunal to direct the 3rd Respondent to issue the 1st Petitioner with a certificate of Return.

Pleadings were duly exchanged and issues joined and at the hearing the petitioners called 43 witnesses and tendered twenty (20) Exhibits and one other documentary Exhibit through the 1st Respondent's witness.

The Respondents on their part called a total of twenty six (26) witnesses and tendered four (a) documentary Exhibits. It is also pertinent to no…

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