INDEPENDENT NATIONAL ELECTORAL COMMISSION THE ELECTORAL OFFICER THE LOCAL GOVT. RETURNING OFFICER THE AMAMU WARD 1 RETURNING OFFICER THE AMAMU WARD 2 RETURNING OFFICER THE UZOAKWA WARD RETURNING OFFICER THE IHITE WARD RETURNING OFFICER THE OGBORO WARD RETURNING OFFICER THE ULI WARD 1 RETURNING OFFICER THE ULI WARD 2 RETURNING OFFICER THE ULI WARD 3 RETURNING OFFICER THE AMORKA WARD RETURNING OFFICER V. BARRISTER CELESTINE O. EJEZIE ALL NIGERIA PEOPLE’S PARTY CHIEF SIMEON OHAJIANYA AND 1. CHIEF SIMEON OHAJIANYA V. BARRISTER CELESTINE O. EJEZIE ALL NIGERIA PEOPLES’ PARTY INDEPENDENT NATIONAL ELECTORAL COMMISSION THE ELECTORAL OFFICER THE LOCAL GOVT. RETURNING OFFICER THE AMAMU WARD 1 RETURNING OFFICER THE AMAMU WARD 2 RETURNING OFFICER THE UZOAKWA WARD RETURNING OFFICER THE IHITE WARD RETURNING OFFICER THE OGBORO WARD RETURNING OFFICER THE ULI WARD 1 RETURNING OFFICER THE ULI WARD 2 RETURNING OFFICER THE ULI WARD 3 RETURNING OFFICER THE AMORKA WARD RETURNING OFFICER
(2010) JELR 56723 (CA)
Court of Appeal
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CA/E/EPT/43/2008 CA/E/EPT/44/2008
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7 Jul 2010
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Nigeria
Coram
AMIRU SANUSI JCA (Presided) MOHAMMED LADAN-TSAMIYA JCA AYOBODE O. LOKULO-SODIPE JCA (Read the Lead Judgment)
Appearances
C. C. Okaa - for the Appellants in appeal No. CA/E/EPT/43; and 3rd-14th Respondents/Cross-Respondents in appeal No. CA/E/ EPT/44/2008.
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J. T. U Nnodum SAN (with him, P. U. Nnodum and O.G. Adindu) -
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for the 1st and 2nd Respondents in appeal No. CA/E/EPT/43/ 2008 and 1st and 2nd Respondents/Cross-Appellants in appeal
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No. CA/E/EPT/44/2008.
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Arthur Obi-Okafor SAN (with him, F. I. Aniukwu, and J.O. Nwankiti (Miss) - for the 3rd Respondent in appeal No. CA/E/EPT/43/ 2008; and appellant/1st Respondent/Cross-Respondent in appeal
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C No. CA/E/EPT/44/2008.
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S.U.S Mbanaso (with him, A.N. Nwuba (Miss), and I. D. Onyemaobi (Mrs.)) - for the 3rd Respondent in appeal No. CA/E/EPT/44/ 2008.
Judgement
LOKULO-SODIPE JCA (Delivering the Lead Judgment): This appeal is against the judgment delivered on 25 February 2008 by the Governorship and Legislative Houses Election Tribunal II, holden at Awka, Anambra State, in petition No: EPT/AN/SAE/47/07 - Barrister Celestine O. Ejezie and Anor. v. Chief Simeon Ohajianya and 13 Ors. The 1st petitioner and the political party (ANPP) on whose platform he contested the election into the Anambra State House of Assembly on 14 April 2007, jointly presented the petition challenging the return of the 1st respondent therein - Chief Simeon Ohajianya as the winner of the election in question. The political party on whose platform the 1st respondent contested the election is the 2nd respondent in the petition. The other respondents in the petition are INEC sued as the 3rd respondent, and someINEC officials involved in the conduct of the election and who weresued as4th-14th respondents. The Governorship and Legislative Houses Tribunal II, Awka, (herei…