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INDEPENDENT NATIONAL ELECTORAL COMMISSION & 3 ORS v. EZUGWU JOEL IFEANYI D. & 5 ORS

(2008) JELR 37302 (CA)

Court of Appeal  •  CA/E/EPT/2A/2008  •  18 Dec 2008  •  Nigeria

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

Judgement

Olukayode Ariwoola, J. C. A. (Delivering the Leading Judgment): This is an appeal against the decision of the National Assembly, Governorship and Legislative Houses Election Petition Tribunal, Enugu State in Petition No NAGL/EPT/EN/NA/32/2007 between Ezugwu Joel Ifeanyi v. Independent National Electoral commission and Ors. Delivered on 11th December, 2007.

This appeal was heard on 14/10/2008. The 3rd - 6th Respondents in the case were not represented by any Counsel and they did not file any brief of argument in the appeal. There was however proof of service of hearing notice on them that the Appeal was to be heard.

On the 21th April, 2007, the Independent National Electoral Commission (INEC) (herein after referred to as the 1st Appellant) conducted election into the National Assembly for the House of Representatives, in particular, for the seat of Nsukka/Igho Eze South Federal Constituency. Ezugwu Joel Ifeanyi D. was the candidate of All Progressive Grand Alliance (APGA) in the electi…

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