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AZUBUIKE IKENNA ESQ. V. MR. BEN NWANKWO & ORS.

(2011) JELR 45879 (CA)

Court of Appeal  •  CA/E/EPT/23/2011  •  28 Sep 2011  •  Nigeria

Coram
ABUBAKAR JEGA ABDULKADIR JCA; OLUJIMI LOKULO-SODIPE JCA; ADAMU JAURO JCA;

Appearances
Chief C. Chuma Oguejiofor,I. Aroh Esq. andI. E. Onuamah Esq. For Appellant Mr. Arthur Obi Okafor SAN,C. Enwelunta,C. I. Okafor Esq,Miss J. O. Nwankiti,Mr. Clems Ezika,Mr. C. E. Ezenduka holding the brief of Mr. O. J. Nnadi SAN For Respondent

Judgement

ADAMU JAURO, J.C.A, (Delivering the Leading Judgment): The appeal herein is against the ruling of the National and State Houses of Assembly Election Petition Tribunal Anambra State, holden at Awka, delivered on 8th August 2011 in petition number EPT/AN/NAE/HR/12/2011 wherein the said petition was dismissed.

A synopsis of the facts culminating in this appeal is hereby made as follows: The Appellant and the 1st Respondent are members of the same political party, the Peoples Democratic Party, hereinafter referred to as P. D. P. The elections of the House of Representatives for Orumba North/South Federal Constituency, Anambra State was held on the 9th April, 2011. Upon the conclusion of the election, the 3rd to 7th Respondents declared and returned the 1st Respondent as the winner of the election. Dissatisfied by the declaration and return of the 1st Respondent as the winner of the election, the Appellant as Petitioner challenged same by a petition filed in the tribunal.

The petition of t…

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