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DR. RAYMOND O. EMERENINI V. MR. NICHOLAS E. OSUAGWU & ORS

(1999) JELR 43859 (CA)

Court of Appeal  •  CA/PH/EP/48/99  •  13 Mar 1999  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; SYLVANUS ADIEWERE NSOFOR JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

IKONGBEH, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Imo State Local Government Election Tribunal, sitting at Owerri. The appellant was the 1st respondent before the tribunal. The 1st respondent herein was the petitioner. The Electoral and Returning Officers for Obowo Local Government Area, the Returning Officer for Umuariam/Achara Ward in Obowo Local Government Area, and I.N.E.C. were, respectively, the 2nd - 5th respondents before the tribunal. They still maintain their positions as respondents before us.

Although the appellant tiled live grounds of appeal, his complaints can be resolved into only two complaints, as the appellant's counsel, Chief U. N. Udechukwu, SAN, neatly did resolve them in his brief of argument The 1st respondent's and 2nd-5th respondents' respective three issues formulated each boil down to these same two questions.

The first question is, was the tribunal justified in ordering a bye-election in Umuariam/Achara Ward of…

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