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ALL NIGERIA PEOPLES PARTY (ANPP) & ANOR. V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS.

(2009) JELR 39691 (CA)

Court of Appeal  •  CA/C/NAEA/215/07  •  31 Mar 2009  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Appearances
JOE AGI, SAN (with him S. Mohammed) For Appellant MBA E. UKWENI For Respondent

Judgement
<p>NWALI SYLVESTER NGWUTA, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the Justice Amina Wambai led National Assembly/Governorship and State House of Assembly Election Petition Tribunal, Calabar, Cross River State.</p><p> In their petition dated, and filed on the 14th May, 2007 the appellants challenged the return of the 2nd Respondent in the election held on 14th April, 2007 as the Member, Yala I Constituency in the Cross River State House of Assembly. The appellants&#x27; case is that the 2nd appellant was validly nominated by his Party, the 1st appellant as the Party&#x27;s candidate in the April 14th election but was unlawfully excluded from the election by the Respondents.</p><p> Upon service of the Petition on them, the 1st, 3rd, 4th and 5th Respondents entered a conditional appearance, followed by a motion on notice for enlargement of time to file their reply. There was also the notice of preliminary objection raised by the 2nd and 6th Respondents. The tribunal took t…</p>

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