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ALL PROGRESSIVE GRAND ALLIANCE (APGA) V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS

(2012) JELR 35174 (CA)

Court of Appeal  •  CA/E/EPT/23/2012  •  24 Oct 2012  •  Nigeria

Coram
ABUBAKAR JEGA ABDULKADIR JCA; JOHN INYANG OKORO JCA; A.O. LOKULO-SODIPE JCA;

Appearances
T.U. Oguji Esq., with N.R. Owoh (Miss) and B.O. Aguigwo Esq. For Appellant S.O. Ibrahim Esq., Chief Legal Officer (INEC) with M.E. Ugwuocha Esq., Senior Legal Officer (INEC) for the 1st, 2nd, 3rd and 4th Respondents.Bona Oraekwe Esq. for the 5th Respondent.G.N. Onwusi Esq., with D.O. Ene Esq. for the 6th RespondentEmeka Agbapuonwu Esq., with Emeka Ibe Esq. for the 7th Respondent For Respondent

Judgement

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly/Legislative Houses Election Tribunal, sitting in Awka which upheld the election of the 7th Respondent, Ebele Obi into the Anambra State House of Assembly, representing Idemili South State Constituency in the re-run election which took place on 15th of February, 2012. In the said petition, the Appellant had prayed the Tribunal for the following reliefs:-

1. That it be determined that on a proper collation of the valid votes cast at the questioned election, the return of the 7th Respondent as the winner of the House of Assembly election held on 15th February, 2012 is null and void in that the 7th Respondent did not score the majority of lawful votes cast at the election.

2. An order setting aside the return of the 7th respondent as the winner of the said election.

3. That it be declared that the Petitioner (and her candidate) scored the highest number of valued vo…

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