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ONOJA SA'ID EMEJE v. IHIABE ABDUL POSITIVE & ORS.

(2008) JELR 33534 (CA)

Court of Appeal  •  CA/A/EP/223/07  •  4 Mar 2008  •  Nigeria

Coram
OLUFUNMILOLA OYELOLA ADEKEYE JCA; MARY PETER-ODILI JCA; OYEBISI FOLAYEMI OMOLEYE JCA;

Judgement

OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal sitting at Lokoja delivered on 19/7/07.

The brief facts of this case are that the Appellant a candidate of PDP and the 1st Respondent a candidate of the ANPP both contested for the House of Representative seat for Dekina/Bassa Federal Constituency of Kogi State at the 21/4/2007 general elections. The 1st Respondent was declared as the winner of the said election by the 2nd to 4th Respondents.

By a petition dated and filed on 22/5/2007, the Appellant sought to challenge the election. In the petition, the Appellant prayed the lower Tribunal to nullify the election on the ground that the election was invalid having been allegedly riduled by corrupt practices and consequently I the 1st Respondent was not elected by majority of lawful votes cast at the election. ,

In response to the Appellant's petition, t…

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