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OKEY EZEA V. THE STATE

(2014) JELR 36436 (CA)

Court of Appeal  •  CA/E/303/2010  •  3 Jul 2014  •  Nigeria

Coram
EMMANUEL AKOMAYE AGIM JCA; SAIDU TANKO HUSAINI JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement
<p><strong>MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the leading : ):</strong> The appellant in this appeal was the gubernatorial candidate of the Labour Party in the governorship election held in Enugu State on 14th April, 2007. He lost in the election; Sullivan Chime was declared the winner of that election. The appellant filed a petition to challenge the result of the election as declared by the Independent National Electoral Commission. While the petition was pending, the appellant was suspected of having committed a crime. The Police investigated the allegation against the appellant, prepared the case file and sent it to the Director of Public Prosecutions by a letter dated 4th August 2007. An information was filed against the appellant on 13th August, 2007 in the High Court of Enugu State, Holden at Enugu containing eight count charge of forgery, uttering and assault contrary to and punishable under sections 252, 443 and 444 and of the Criminal Code, Cap 30, Volume 11, Laws of Enugu …</p>

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