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HON. LOUIS CHUKWU v. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2011) JELR 33958 (CA)

Court of Appeal  •  CA/OW/EPT/20/2011  •  1 Dec 2011  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; CHIDI NWAOMA UWA JCA; HARUNA M. TSAMMANI JCA;

Judgement

UWANI M. ABBA AJI, J.C.A. (Delivering the Leading Judgment): The instant appeal is a fallout of the Ruling of the National and State Assembly Election Petitions Tribunal holden at Owerri, Imo State, which was delivered on the 11th August, 2011, wherein the Learned Judges -Per Hon. Justice U. E. Essang Chairman, Hon. Justice A. M. Yakubu - Member and Hon. Justice A. O. Salihu - Member struck out petitioner's (Appellant's) petition, filed on the 17th day of May, 2011 for want of jurisdiction of the Tribunal to hear and determine same.

The brief facts of this appeal is that the Appellant and the 3rd Respondent, among others contested the Imo State House of Assembly seat for Ideato North Constituency of Imo-State, which was held on the 26s day of April, 2011 on the platforms of the Peoples Democratic Party (PDP) and the All Progressive Grand Alliance (APGA) respectively. The 1st Respondent INEC, declared the 3rd Respondent the winner of the said election, having secured the highest number…

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