BARR. LOUIS CHUKWU V. EMEKA OMEAKU INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) THE RESIDENT ELECTORAL COMMISSIONER (IMO STATE) THE ELECTORAL OFFICER IDEATO NORTH LOCAL GOVERNMENT AREA THE RETURNING OFFICER, IDEATO NORTH STATE CONSTITUENCY (MR. ANDREW N. EREFOROKUMA) AND INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) THE RESIDENT ELECTORAL COMMISSIONER (IMO STATE) THE ELECTORAL OFFICER, IDEATO NORTH LOCAL GOVERNMENT AREA THE RETURNING OFFICER, IDEATO NORTH STATE CONSTITUENCY (MR. ANDREW N. EREFOROKUMA) V. EMEKA OMEAKU BARR. LOUIS CHUKWU
(2008) JELR 51699 (CA)
Court of Appeal
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5 May 2008
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Nigeria
Coram
SULEIMAN GALADIMA JCA (Presided and Read the Lead Judgment) MOHAMMED LAWAL GARBA JCA TIJJANI ABDULLAHI JCA
Appearances
L.O. Fagbemi SAN (with him, Eze Duruiheoma Esq, C.U. Ekomaru Esq;L.A. Adedigbe Esq, D.U. Alinnor Esq. and E. Ameachi (Mrs.)) D
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for the Appellant in CA/PH/EPT/543/2007 and - for the 2nd Respondent in CA/PH/EPT/544/2007
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D.C. Denwigwe Esq (with him, Chidi Nwalo Esq.) - for the 1st Respondent in both CA/PH/EPT/543/2007 and CA/PH/EPT/544/
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2007 E
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Livy Uzoukwu SAN (with him, Ngozi Olehi Esq., A.C. Onyenze
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Esq., Chike Uba Esq.) - for the 2nd - 5th Respondents in CA/PH/ EPT 1543/2007 CA/PH/EPT /544/2007 - and for the Appellants in CA/PH/EPT/544/2007
Judgement
GALADIMA JCA (Delivering the Lead Judgment): This appeal emanated from the decision of the Governorship and Legislative Houses Election Petition Tribunal in Imo State delivered on 11 November 2007, petition No. EPT/LH/IM/04/2007 in respect of election of 14 April 2007 into the State Constituency seat for Ideato North in Imo State. The 1strespondent contested under the platform of Democratic Peoples’ Party (DPP) while the appellant contested under the platform of Peoples’ Democratic Party (PDP). There were two other candidates from other parties who are not made parties to the petition. The 2nd respondent (INEC ) declared the 1st respondent winner. Dissatisfied with the result and this declaration, the appellant filed this petition on 11 May 2007 claiming thus: “(a) A declaration that the petitioner was the person duly elected at the election held on 14 April 2007;
(b) That it be ordered that INEC should issue petitioner with the necessary documents to enable the petitioner be sworn i…
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