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BENJAMIN ENEOLI v. BONA ORAEKWE & ORS

(2005) JELR 33597 (CA)

Court of Appeal  •  CA/E/EPT/1/2004  •  24 Feb 2005  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SULEIMAN GALADIMA JCA; JOSEPH JEREMIAH UMOREN JCA;

Judgement

JAMES OGENYI OGEBE, J.C.A (Delivering the Leading Judgment): The appellant contested the election into Anambra State House of Assembly on 3rd May, 2003 for Onitsha II Constituency in Onitsha South Local Government Area of Anambra State.

At the end of election the 1st respondent, Bona Oraekwe was declared the winner and returned elected for Onitsha South II Constituency.

Dissatisfied with the return and pursuant to the provisions of the Electoral Act 2002, the petitioner/appellant filed a petition challenging the return of the 1st respondent and claimed the following reliefs:

"(A) That neither the 1st nor the 2nd respondent was duly declared or declared elected or returned and should not be declared as elected or duly returned by the 4th to 6th respondents having not scored majority of lawful votes cast at the said election.

(B) That the Honourable Tribunal declares the petitioner as duly elected or returned having scored the majority of lawful votes cast at the said election and oug…

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