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PRINCE JOE DINMA AMADI & ANOR V. CHIEF MIKE IHEANETU & ORS

(2010) JELR 47828 (CA)

Court of Appeal  •  CA/OW/EPT/98/09  •  16 Dec 2010  •  Nigeria

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

Appearances
MR. N. EPELLE with Mr. E.O. Onyeama For Appellant Mr. E. Nwagwu with Mr. A. I. Nwachukwu for the 1st RespondentMrs. B. I. Amadi with Mrs. O. C. Nwugo for the 3rd to 5th Respondents For Respondent

Judgement

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling delivered on 22nd day of July 2009, by the Governorship and Legislative Houses Election petition Tribunal, by which ruling, the Honourable Tribunal dismissed the petition filed before it by the Petitioners.

The facts leading to this appeal are stated thus:-

The Appellants were the 3rd and the 4th Petitioners in an election petition filed on the 10th day of May, 2007, before the Governorship and legislative Houses Election Petition Tribunal, Imo State, in respect of the general election held on the 14th day of April, 2007. Their were eight petitioners in an comprising four Candidates and their four respective political parties. The petition challenged the return of the 1st respondent as the member representing Aboh Mbaise State Constituency, in Imo State House of Assembly.

After the exchange of pleadings, the 1st Respondent, by a motion filed on the 6th day of June, 2007, raised a …

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