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CHUKWUDI APUGO & ANOR v. HON. BARR. CHIDIEBERE NWOKE & ORS.

(2010) JELR 33298 (CA)

Court of Appeal  •  CA/PH/EPT/224/2008  •  26 Nov 2010  •  Nigeria

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

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Lead Ruling): In the main appeal in this case, the petitioner/appellant - Chukwudi Apugo filed a Notice of Appeal dated 10/3/08 against the respondents, that is Chidiebere Nwoke and others. The appeal is a complaint against the judgment of the Governorship/Legislative Houses Election Tribunal which sat at Umuahia in which the 1st respondent was affirmed as the winner of the Umuahia East Constituency House of Assembly election which held on 14th April, 2007.

The petitioner's/appellant's petition was dismissed by the lower tribunal on the ground of his failure to join the Electoral Collation Officers which was considered fatal to the petition.

In the process of exchange of briefs before this Honourable Court sitting at Port Harcourt, learned counsel for the appellant brought an application dated 31st October, 2008 and filed on 3/11/08 by way of Motion on Notice praying for an order of the court to wit:

"1. An order granting leave to the appeā€¦

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