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HON.CHIKE ANYAONU V. HON. EUCHARIA AZODO & ORS.

(2011) JELR 48492 (CA)

Court of Appeal  •  CA/E/EPT/07/2011  •  6 Sep 2011  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; MOORE A.A. ADUMEIN JCA;

Appearances
P.I.N. Ikwueto (SAN),Ejike Etobi, O.N. Okoro,Mrs E.N. Anyaonu,Miss I. Onyeonagu For Appellant Emeka Ajaegbo,A.O. Anazor (hold brief of Prof. Ilochi Okafor).H.N.C. Moghalu,S.O. Ibrahim Asst. Chief Legal Officer (INEC)Ernest Nwoye For Respondent

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A: (Delivering the Leading Judgment): The petition that led to this appeal was commenced at the National and State Houses of Assembly Election Petition Tribunal, Awka in Anambra State. The petition dated 24/5/2011 was filed on 25/5/2011. The Appellant, Hon. Chike Anyaonu was the petitioner in the trial tribunal and the 1st Respondent in this appeal was also the 1st Respondent in the trial tribunal. The grounds relied upon for the petitions were stated in paragraph 12(i) - (xiv) as follows:-

12. Your petitioner further states that the grounds upon which this Petition is predicated are as follows:-

i) That the 1st Respondent was not a candidate in the election.

ii) That the 1st Respondent did not and cannot participate in the election.

iii) That the 1st Respondent at the time of the election was not qualified to contest the same in that the 1st Respondent was not sponsored in the election by any registered political party in Nigeria as the law required.

iv…

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