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OBIORA CHUKWUKA V. ALOR NDUKA & ORS.

(2008) JELR 48921 (CA)

Court of Appeal  •  CA/E/EPT/33/08  •  18 Dec 2008  •  Nigeria

Coram
VICTOR AIMEPOMO O. OMAGE JCA; STANLEY SHENKO ALAGOA JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

STANLEY SHENKO ALAGOA, J.C.A (Delivering the Leading Judgment): This appeal arose out of the judgment of the National Assembly/Governorship and Legislative Houses Election Tribunal Anambra State sitting in Awka in petition No. EPT/AN/SAE/78/2007 delivered on the 18th January 2008. The petition is in respect of Onitsha South II Constituency election into the Anambra State House of Assembly conducted on the 14th of April 2007. The petitioner Nduka Alor contested the election under the platform of the All Progressive Grand Alliance (APGA). At the end of the election, the 1st Respondent Obiora Chukwuka of the People's Democratic Party, (PDP) was declared the winner having been said to have scored the majority of votes cast at the election.

Aggrieved by the result declared by the Independent National Electoral Commission (INEC) the petitioner presented a petition on the 14th May 2007. The grounds of the petition were as follows-

(i) That the 1st Respondent's election was invalid by reason…

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