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BARRISTER SULLIVAN CHIME SUNDAY ONYEBUCHI V. HON. DUBEM ONYIA & 2798 OTHERS

(2008) JELR 51394 (CA)

Court of Appeal  •  CA/E/EPT/14/2008  •  11 Jul 2008  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA (Presided) ABUBAKAR ABDULKADIR JEGA JCA JIMI OLUKAYODE BADA JCA (Read the Lead Judgment) IBRAHIM MOHAMMED MUSA SAULAWA JCA ADAMU JAURO JCA

Appearances
Chief A. O. Mogboh SAN and Chief (Mrs.) A. J. Offiah SAN (with him, J. N. Edochie (Mrs.), Okenna Agubuzu Esq, C. J. Aneke Esq., Ifeanyi Okoli Esq., Ikechukwu Onuoma Esq. and B. N. Mogboh (Miss) - for the 1st and 2nd Respondents. -*- Mr. Chuma Oguejiofor (with him, Agunobi Esq., EbeleAroh (Miss), -*- C. Aniedu Esq., T. Ajani Esq., H. Emerole Esq. and F. Okeke Esq.) -*- - for the Appellants. -*- Mr. P.M.B Onyia holding brief for J.H.C. Okolo SAN (with him, F.O.Oboli Esq. V. Aguasi Esq. and E.O.Ojimba Esq. ) - for the 4th to 2891st INEC respondents.

Judgement

BADA JCA (Delivering the Lead Judgment): This is a consolidated appeal against the judgment of the Governorship/Legislative Houses Election Petition Tribunal sitting at Enugu in the Enugu State of Nigeria delivered on 18 January 2008. The following appeals were consolidated with this appeal i.e. CA/E/EPT/14A/2008, CA/E/EPT/14B/2008 and CA/E/EPT/14C/2008 by the order of this court made on 22 May 2008. Briefly, the facts of the case are that the Governorship election was conducted in Enugu on 14 and 28 April 2007. The appellants were the Governorship and Deputy Governorship candidates respectively of the Peoples’Democratic Party.

The 1st respondent was also a Governorship candidate who contested the election on the platform of Action Congress (AC).

At the end of the polls from the 13 (thirteen) Local Government A Areas where election was held on 14 April 2007 and that of the four (4) Local Government Areas of Enugu State i.e. (Enugu South, Udi, Nsukka and Isi-Uzo Local GovernmentAreas) …

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