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BERNARD NDUBUISI ISU v. ENGR. OKPANI .U. UCHE & ORS.

(2009) JELR 47465 (CA)

Court of Appeal  •  CA/E/EPT/4/2008  •  7 May 2009  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; MOHAMMED L. TSAMIYA JCA; SIDI DAUDA BAGE JCA;

Judgement

MOHAMMED L. TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly/Governorship/Legislative House Election Tribunal (herein this appeal referred to as the Tribunal) holden at Abakaliki; the Capital of Ebonyi State. The judgment appealed against was delivered on 22/11/2007.

Briefly, the facts of the case are that in the 14/4/07 general election, the Peoples Democratic Party (PDP) sponsored, as its Candidate the appellant, while the All Nigeria peoples party (ANPP the 2nd respondent) sponsored the 1st respondent, as its candidate for the election into the Ebonyi State House of Assembly to represent the Afirkpo North-East Constituency.

The election was conducted by the named 4th and 5th respondents (herein referred to as 'INEC' and 'RECO' respectively). After the election, the appellant was alleged to have scored the highest number of votes and was declared the winner. The 1st respondent and his party, the 2nd respondent in this…

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