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ONJEH DONALD & ANOR v. HASSAN ANTHONY SALEH & ORS

(2012) JELR 35240 (CA)

Court of Appeal  •  CA/MK/EPT/13/2011 (2)  •  20 Apr 2012  •  Nigeria

Coram
MONICA BOLNA’AN DONGBAN-MENSEM JCA; CHIDI NWAOMA UWA JCA; TOM SHAIBU YAKUBU JCA;

Judgement

CHIDI NWAOMA UWA, JCA (Delivering the Leading Judgment): This appeal arose as a result of the ruling delivered by the National Assembly and Legislative Houses of Assembly Election Tribunal sitting in Makurdi, (hereafter referred to as the Tribunal) delivered on the 22nd day of February, 2012.

The background facts are that the then 1st petitioner (now 1st Appellant) contested the election, the subject matter of this appeal, sponsored by the 2nd petitioner (2nd appellant), against the 1st Respondent, sponsored by the 2nd Respondent on 9th March, 2011, for a House of Representative seat in Benue State.

At the end of the election, the 3rd-5th Respondents declared the 1st Respondent winner of the election and consequently returned him as elected.

The appellants were dissatisfied with the return of the 1st Respondent and filed their petition on 29th April, 2012. At the close of the trial the Tribunal delivered its judgment on 6th September, 2011, and struck out the petition on the ground th…

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