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HON. JESSIE BALONWU V. SENATOR JOY EMORDI & ORS

(2009) JELR 39736 (CA)

Court of Appeal  •  CA/E/EPT/73/2008  •  10 Feb 2009  •  Nigeria

Coram
VICTOR A. O. OMAGE JCA; OFR JCA; MOHAMMED LADAN TSAMIYA JCA; OLUKAYODE ARIWOOLA JCA;

Appearances
O.J. Nnadi, Esq. For Appellant Dr. Onyechi Ikpeazu, SAN, OON, JP for the 1st Respondent.Arthur Obi Okafor Esq. withMartins Okeke Esq. Counsel for 2nd - 213th Respondents. For Respondent

Judgement

VICTOR A. O. OMAGE, J.C.A, (Delivering the Leading Judgment): This is an appeal against the judgment of the panel, which sat on the Governorship Legislative Houses of Assembly Election Petition Tribunal, at Awka, Anambra State in Petition No. EPT/AN/NAE/SE/9/2007 on the Petition of Hon. Jessie Balonwu against Senator Joy Emordi and Others. The judgment was delivered on 17th June, 2008 Coram J.S Abiriyi and four others Judges on 14th June, 2008. The Tribunal dismissed the petition of the Petitioner, for election to the seat of Senator to the Senate on the Anambra North Senatorial District.

The petitioner was dissatisfied with the decision of the Tribunal and she has appealed to this Court. The petitioner deposed that the election was scheduled to take place on 21/4/2007, but did not hold, and the election was consequently purported to hold on 28 April, 2007.

The Petitioner contested the election on the platform of the Labour Party while the 1st Respondent contested on the platform of …

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