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HON. BARR. JOSEPHAT CHIBUEZE EMENAHA v. KELVIN OBIOHA CHINO & ORS.

(2011) JELR 49241 (CA)

Court of Appeal  •  CA/OW/EPT/36/2011  •  18 Nov 2011  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; MOJEED ADEKUNLE OWOADE JCA; HARUNA M. TSAMMANI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal filed by the appellant, who was the petitioner, against the decision/ruling of the National and State Houses of Assembly Election Tribunal, Owerri (Coram: Umeokoye E. Essang, J. (Chairman); A. M. Yakubu, J.; and A. O. Salihu, J.) delivered on the 22nd day of September, 2011 dismissing the petition.

The petition was in respect of the election to the House of Assembly, Imo state, for Njaba state constituency, which was conducted by the 2nd respondent on the 26th day of April, 2011. The appellant and the 1st respondent were amongst the candidates at the election.

Dissatisfied with the return of the 1st respondent at the election, the appellant presented a petition to the National and State Houses of Assembly Election Tribunal Owerri (hereinafter referred to as "the tribunal") wherein he sought for the following reliefs viz:

(1) That the 1st Respondent Kevin Obioha Chino, who was the candidate of Congress …

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