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DR. OGO ELLA & ORS. V. ELLA AGBO & ANR.

(1999) JELR 43737 (CA)

Court of Appeal  •  CA/J/130/99  •  25 May 1999  •  Nigeria

Coram
DENNIS ONYEJIFE EDOZIE JCA; JAMES OGENYI OGEBE JCA; JOSEPH JEREMIAH UMOREN JCA; CHRISTOPHER MITCHELL CHUKWUMAH-ENEH JCA; ISA ABUBAKAR MANGAJI JCA;

Appearances
O.Ayodele Esq. SAN;E.I. Lareh)M.A.. Agber Esq., Asst. DCL Ministry of Justice MakurdiS.T. Akosu Esq For Appellant A.A. Oche, Esq Chief Adigu Ogiri;S.P. Ejale, Esq;O.S. Obendo, Esq;T.C. Kigun, Esq For Respondent

Judgement

EDOZIE, J.C.A.: (Delivering the Leading Judgment): These are three separate appeals filed on behalf of each set of Appellants, viz, 1st Appellant as the first set, 2nd. 3rd and 5th Appellants as the second set and the 4th Appellant as the third set.

The Appeals are directed against the decision of the National Assembly Election Tribunal (Tribunal for short) Benue State in two consolidated election petitions filed heron: it, concerning the election of the member of National Assembly for Oturkpo/Ohimmini Federal Constituency or Benue State conducted on 20th February, 1999 pursuant to the National Assembly (Basic Constitutional and Transitional Provisions) Decree 1999 hereafter referred to as Decree No. 5 of 1999. In the said election, the 1st Appellant, Dr. Ogo Ella (also known as Dr. Ella Ogo Ella) and the 1st Respondent Ella Agbo (Alias Ada Ochepo Ejiga) contested as candidates respectively for the Peoples Democratic Party (PDP) and the All Peoples Party (APP) with the former being de…

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