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UCHE EJIOGU v. UCHE ONYEAGUOCH & ORS

(2005) JELR 45316 (CA)

Court of Appeal  •  CA/PH/EPT/246/2004  •  15 Jul 2005  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA; JOHN AFOLABI FABIYI JCA; PIUS OLAYIWOLA ADEREMI JCA;

Judgement

PIUS OLAYIWOLA ADEREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly/Governorship/Legislative Houses Election Tribunal holden at Owerri, Imo State of Nigeria delivered on the 11th of August 2004 whereby the appellant's petition was dismissed thus, affirming the election of the 1st respondent as the Member representing the Owerri Federal Constituted at the House of Representatives of the Federal Republic of Nigeria. The petitioner/appellant had laid before the lower tribunal the following prayers:

(1) that it may be determined that the 1st respondent was not qualified to contest the election and that the petitioner won same having scored the highest number of lawful vote among the qualified candidates; and

IN THE ALTERNATIVE:

(a) That it may be determined that the petitioner instead of the 1st respondent won the election by majority of lawful votes at the election and ought to be returned; AND STILL IN THE ALTERNATIVE:

(b) th…

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