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ABASI OGWIME BRAIMAH & ANOR. v. HON. ABUBAKAR ESHIOKPEKHA MOMOH & ORS.

(2009) JELR 47482 (CA)

Court of Appeal  •  CA/B/EPT/128/2008 (Consoli)  •  7 Jul 2009  •  Nigeria

Coram
GEORGE OLADEINDE SHOREMI JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the Governorship, and Legislative Houses Election Tribunal sitting in Benin, Edo State. The said Judgment was delivered on the 30th day of April 2008. The Appellant in appeal NO. CA/B/EPT/128/08 ABASI OGWIME BRAIMAH was the 1st Respondent at the lower tribunal. He was the Candidate of the Peoples Democratic Party (PDP) for Etsako Federal Constituency of Edo State held on the 21/4/07.

The 1st Respondent in the same appeal NO.CA/B/EPT/128/08 HON. ABUBARKAR ESHIOKPEKHA MOMOH was the Candidate of the 2nd Respondent, the Action Congress. The 3rd to the 20th Respondents in this appeal were the Independent National Electoral Commission (INEC) and its officials that conducted the said election.

At the Conclusion of the elections, the Appellant was declared victorious and returned as elected. Aggrieved by the declaration and return, the 1st and 2nd Respondents, as Petitioners in the lower tribu…

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