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EZECHIMEREM MARTINET IHUOMA v. HON. MARTINS OKECHUKWU AZUBUIKE & ORS

(2015) JELR 36709 (CA)

Court of Appeal  •  CA/OW/EPT/HA/59/2015  •  8 Dec 2015  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): On 30/4/2015, Appellant, as Petitioner filed Petition No. AB/EPT/HA/16/2015 (subject matter of this appeal) at the National and State House of Assembly Election Tribunal against the Respondents, seeking the following reliefs:

(i) That the 1st Respondent was not duly or validly elected/returned as he did not score the highest number of lawful votes cast at the election.

(ii) That it may be determined and thus declared that the said election and the return of the 1st Respondent Hon. Martins Okechukwu Azubuike are voided by acts which clearly violate and breach the provision of the Electoral Act, 2010. Including but not limited to the rigging and manipulation of election results, unprecedented acts of violence, thuggery, abduction and coercion of opponents etc committed at the Polling Units and Wards aforementioned.

(iii) That it may be determined that going by the lawful votes at the said election, your Petitioner ought to have be…

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