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INDEPENDENT NATIONAL ELECTORAL COMMISSION v. LADY JOY NKECHI MBAWIKE & ORS

(2017) JELR 38291 (CA)

Court of Appeal  •  CA/OW/EPT/SHA/5/2016  •  19 Jan 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Judgement

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This is an interlocutory Appeal against the Ruling of the National and State Houses of Assembly Election Tribunal, sitting in Owerri, in Suit (Petition) No. EPT/IM/SHA/RE/2/2016, CORAM; Hon. Justice A.G. Kwajafa (Chairman), Hon. Justice A.O. Ayoola (member 1), and Hon. Justice, D.H. Khobo (member 11), delivered 26/11/16.

The Ruling had obliged the Petitioner adjournment, giving her another opportunity to state her case, having failed to come to Court on 26/11/16, when the matter was earlier adjourned.

Following the re-run election of 23/7/16 and the ensuing supplementary election of 28/7/16 on the Mbano State Constituency, whereof the 3rd Respondents candidate (2nd Respondent) was declared a winner by the Appellant, 1st Respondent filed a petition at the Election Tribunal, claiming that the 2nd Respondent was not duly elected or returned; that he did not score the majority of lawful votes cast at the election; that she, 1st Res…

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