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INDEPENDENT NATIONAL ELECTORAL COMMISSION V. PRINCE NWOGU OKORO DR. N.C.N.C. OKOLI (TRANSITION COMMITTEE CHAIRMAN, ABA SOUTH L.G.A.) EMMANUEL EMERUWA AND PRINCE NWOGU OKORO V. EMMANUEL EMERUWA INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS.

(2008) JELR 56183 (CA)

Court of Appeal  •  10 Dec 2008  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided and Read the Lead Judgment) KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA IBRAHIM MOHAMMED MUSA SAULAWA JCA

Appearances
A.U. Agbo - for the Appellant in Appeal No. 231 and 231A - for the 1st - 11th Respondents. -*- O. A. Obianwu (SAN) (with him, Ogunji and C. J. Okoli-Akirka) - -*- for the 1st Respondent in Appeal No. 231 and for the Appellant -*- in 231A A -*- Mr. M.O. Onyeka (with him, Mr. I.A. Nwabughogu) - for the 3rd Respondent in 231 and 1st Respondent in 231A.

Judgement

ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal filed by the 2nd-11th respondents/appellants (INEC and her officers) in the election petition filed by the petitioner/3rd respondent at the National Assembly/Governorship and Legislative Houses Election Tribunal, Umuahia, Abia State in respect of Aba South Constituency delivered on 19 February 2008 in which the trial tribunal upheld the petition in respect only of the first prayer of the petitioner while the 2nd relief was refused. It is appropriate to state from the onset that two appeals in respect of a single judgment were filed. The first appeal, CA/PH/EPT/231/2008 was filed by INEC and 10 of her staff as appellants and Prince Nwogu Okoro, Dr. N.C.N.C. Okoli (Transition Committee Chairman, Aba South Local GovernmentArea) and Emmanuel Emeruwa as respondents. The2nd appeal No.CA/PH/EPT/231A/2008, has Prince Okoro Nwogu as appellant and Emmanuel Emeruwa, Independent National Electoral Commission and her staff, (10 of t…

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