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DR. NNAMDI ERIOBUNA V. DR. CHUKWUEMEKA EZEIFE & ORS

(1992) JELR 43104 (CA)

Court of Appeal  •  CA/E/32/92  •  26 Mar 1992  •  Nigeria

Coram
UTHMAN MOHAMMED JCA; SYLVESTER UMARU ONU JCA; REIDER JOE JACKS JCA; JOSEPH DIEKOLA OGUNDERE JCA; UMARU ATU KALGO JCA;

Appearances
C.N. Nsobundu (with him, C.I. Okpoko)Chief G.C.M Onyiuke SAN (with him, E.M. Obegolu) For Appellant Chief C. Ikeazor SAN (with him, Mrs C.N. Uzoewulu Ag. Director, civil Litigation, Ministry of Justice, Anambra State, Obi Okpudo, Mrs. Uju Ikeazor) For Respondent

Judgement

JACKS, J.C.A. (Delivering the Leading Judgment): The Petitioner and the Respondent contested the Governorship election in Anambra State on the 14th day of December, 1991 on the platform of the National Republican Convention and the Social Democratic Party respectively. The Respondent, Dr. Chukwuemeka Ezeife was successful. The political parties will hereinafter be referred to as N.R.C. and S.D.P. respectively if, and when necessary in this judgment. The Petitioner being dissatisfied with the results of the aforesaid election filed an election petition before the Anambra State Governorship and Legislative Houses Election Tribunal (hereinafter to be referred to as the Tribunal), on the 10th day of January, 1992 against the Respondent, the Resident Electoral Commissioner and the Returning Officer Uga Ward I.

The petitioner in paragraph 3 of the petition relied on the following three grounds in challenging the election:-

"(a) That the election was invalid by reason of offences against the…

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