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DR. (MRS.) MARIAM NNAEMEKA COMFORT ALI & ANOR V. SENATOR PATRICK ENEBELI OSAKWE & ORS

(2010) JELR 41521 (CA)

Court of Appeal  •  CA/B/EPT/37/2010  •  29 Jun 2010  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA ALI ABUBAKAR BABANDI GUMEL JCA CHIOMA EGONDU NWOSU-IHEME JCA

Appearances
James Ocholi (SAN) with A.P.A. Ogefere, Esq., F.E. Akoko, Esq. and M.A. Ifeta, Esq. For the Appellant; I.E. Imadegbelo (SAN) with A. Alofoje, Esq. and V. Akhere, EsqE. Ohwovoriole, Esq., O. Ovrawah, Esq. with M.N. Aigbe, Esq., U.S. Amadi, Esq. For the Respondent.

Judgement

AMINA ADAMU AUGIE, J.C.A (Delivering the Leading Judgment): This is the third time the parties are coming back to this Court over the Election Petition filed by the Appellants at the Delta State Governorship and Legislative Houses Election Tribunal, on the 26th day of May, 2007.

The election to the office of Senator for Delta-North Senatorial District held on the 29th day of April, 2007, and the 1st Respondent, who was sponsored by the 2nd Respondent, was declared the winner by the 3rd Respondent. The 1st Appellant and her party, the 2nd Appellant filed the said Petition at the Tribunal wherein they prayed for the following -

i. A DECLARATION that the 1st Respondent was not properly and/or validly nominated by the 2nd Respondent to contest the Senatorial Election for the office of the Senator for Delta-North Senatorial District and which election was held on 29th day of April, 2007.

ii. A DECLARATION that the 1st Petitioner being the person validly nominated as candidate by the 2nd Pe…

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