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AGU GERALD V. MARCEL NJOEZE & ORS

(2008) JELR 46915 (CA)

Court of Appeal  •  CA/E/EPT/20/2008  •  19 Nov 2008  •  Nigeria

Coram
VICTOR AIMEPOMO O. OMAGE JCA; STANLEY SHENKO ALAGOA JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

VICTOR AIMEPOMO O. OMAGE, J.C.A (Delivering the Leading Judgment.): In this appeal, the petitioner a candidate in the Accord party for election into the State House of Assembly election for Udi North Constituency Enugu, was dissatisfied with result of the election into the said Enugu State House of Assembly for Udi North Constituency which held on 28th May, 2007; The petitioner approached the Election Tribunal in the National Assembly Governorship and Legislative Houses Election Tribunal. The grounds upon which the petition was filed are:

(1) That the 1st respondent did not obtain the highest number of votes cast in the constituency.

(2) That the Petitioner be declared validly elected or returned having polled the highest number of lawful votes cast at the election. In the alternative, the Petitioner asks that the election be nullified on the ground that it was not conducted substantially in accordance with the provision of the electoral Act 2006 as the case may be". The petition was …

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