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MRS. CHARITY FUBARA & ANOR. V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ANOR.

(2009) JELR 39934 (CA)

Court of Appeal  •  CA/PH/EPT/295/2008  •  14 Jul 2009  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; TIJJANI ABDULLAHI JCA; EJEMBI EKO JCA;

Appearances
C.N. Eke Esq ; For Appellant K. Tambou Esq;H. Amrurhobo Esq; For Respondent

Judgement

SULEIMAN GALADIMA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the Governorship and Legislative Houses Election Petitions Tribunal which dismissed the Petition of the Petitioners challenging the return of the 2nd Respondent.

On 14/4/2007, Election took place throughout Nigeria. In Rivers State 1st Respondent conducted an election to the Rivers State House or Assembly for OGU/BOLO Local Government Area Constituency. The 1st Appellant contested in the said election as the candidate of the Democratic Peoples Party (DPP) (2 Appellant herein); while the 2nd Respondent contested as the candidate of the Peoples Democratic Party (PDP), other 5 candidates that participated in the same election are not parties in this appeal.

At the end of the election, the 2nd Rcspondent was returned by the 1st Respondent as the candidate duly elected. The 1st and 2nd Appellants were aggrieved with the return of the 2nd Respondent and they filed their joint petition in t…

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