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CHIEF AYOGU EZE v. BRIG. GEN. J.O.J. OKOLOAGU (RITD) & 125 ORS

(2009) JELR 47464 (CA)

Court of Appeal  •  CA/E/EPT/1/2008  •  9 Jul 2009  •  Nigeria

Coram
MOHAMMED L. TSAMIYA JCA; OLUKAYODE ARIWOOLA JCA; ALFRED P. EYEWUMI AWALA JCA;

Judgement

MOHAMMED L. TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly/Governorship/Legislative Houses Election Petition Tribunal (herein referred to as the Tribunal) sitting in Enugu. The judgment was delivered on 11/12/2007, when the election of the 1st respondent (herein referred to as the Appellant) was nullified and INEC (herein referred to as the 2nd respondent) was ordered to conduct a fresh election within three months. (See p.413 to 421 of the record).

Being dis-satisfied with the said judgment the Appellant appealed to this Court of Appeal on 11 grounds of Appeal. The Notice and Grounds of Appeal is at pages 472-482 of the records.

From the 11 grounds of appeal, the Appellant in his Brief of arguments formulated the following issues for determination in this appeal:

1. Whether the Honourable Tribunal was right in relying on Exhibits 1, 2,3,4,5,6,7,8,9, 10, 11. 12 and 14, 14A and 14B in nullifying the election of the A…

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