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HON. CHIDI IBE & ANOR V. HON. RAPHEAL NNANNA IGBOKWE & ORS

(2012) JELR 35203 (CA)

Court of Appeal  •  CA/OW/EPT/06/2012  •  19 Oct 2012  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; MOJEED ADEKUNLE OWOADE JCA; HARUNA M. TSAMMANI JCA;

Judgement

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the National/State Assembly Election Tribunal sitting at Owerri delivered on the 22nd day of August, 2012 which dismissed the Petitioners/Appellants' Petition in respect of Ahiazu/Ezihinitte Mbaise Federal Constituency on the election held on the 25th day of February, 2012.

In its judgment delivered on the 25th November, 2011, this Court ordered a re-run election to be conducted by the 2nd Respondent, Independent National Electoral Commission (INEC) for Ahiazu/Ezinihitte Mbaise Federal Constituency, Federal House of Representative within 90 days from the said judgment following the nullification of the election conducted by the 2nd Respondent on the 16th April, 2011.

Both the 1st Appellant and the 1st Respondent were candidates at the said election wherein the 2nd to 4th Respondents returned the 1st Respondent as the winner of the election having scored the highest number of votes cas…

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