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ABAS MOMOH JEGA PEOPLES’ DEMOCRATIC PARTY (PDP) V. PETER ALIU ACTION CONGRESS (AC) RESIDENT ELECTORAL COMMISSIONER, EDO STATE ELECTORAL OFFICER, ETSAKO EAST LOCAL GOVERNMENT CONSTITUENCY RETURNING OFFICER, ETSAKO EAST LOCAL GOVERNMENT CONSTITUENCY INDEPENDENT NATIONAL ELECTORAL COMMISSION COLLATION OFFICER, WARD 1 (ETSAKO EAST HOUSE OF ASSEMBLY CONSTITUENCY) COLLATION OFFICER, WARD 2 (ETSAKO EAST HOUSE OF ASSEMBLY CONSTITUENCY) COLLATION OFFICER, WARD 3 (ETSAKO EAST HOUSE OF ASSEMBLY CONSTITUENCY) COLLATION OFFICER, WARD 4 (ETSAKO EAST HOUSE OF ASSEMBLY CONSTITUENCY) COLLATION OFFICER, WARD 5 (ETSAKO EAST HOUSE OF ASSEMBLY CONSTITUENCY) COLLATION OFFICER, WARD 6 (ETSAKO EAST HOUSE OF ASSEMBLY CONSTITUENCY) COLLATION OFFICER, WARD 7 (ETSAKO EAST HOUSE OF ASSEMBLY CONSTITUENCY) COLLATION OFFICER, WARD 9 (ETSAKO EAST HOUSE OF ASSEMBLY CONSTITUENCY) COLLATION OFFICER, WARD 10 (ETSAKO EAST HOUSE OF ASSEMBLY CONSTITUENCY) THE PRESIDING OFFICER POLLING UNIT 009, WARD 1 THE PRESIDING OFFICER POLLING UNIT 005, WARD 5 THE PRESIDING OFFICER POLLING UNIT 006, WARD 5 THE PRESIDING OFFICER POLLING UNIT 007, WARD 6 THE PRESIDING OFFICER POLLING UNIT 003, WARD 6 THE PRESIDING OFFICER POLLING UNIT 004, WARD 6 THE PRESIDING OFFICER POLLING UNIT 005, WARD 6 THE PRESIDING OFFICER POLLING UNIT 006, WARD 6

(2009) JELR 56991 (CA)

Court of Appeal  •  CA/B/EPT/139/08  •  31 Mar 2009  •  Nigeria

Coram
GEORGE OLADEINDE SHOREMI JCA (Presided) HELEN MORONKEJI OGUNWUMIJU JCA (Read the Lead Judgment) ALI ABUBAKAR BABANDI GUMEL JCA

Appearances
Chief I. E. Imadegbelo SAN (with him, A. Alofoje Esq. and O. -*- Ezezobor (Miss)) - for the Appellants. -*- R. I. D Okezie (with him, K Umeanadu Esq.) - for the 1st and 2nd Respondents. -*- Chief C. O. Ihensekhien (with him, Ayi Obaseki (Miss) and T. S. -*- Otokwefor (Miss)) - for the 3rd - 23rd Respondents.

Judgement

OGUNWUMIJU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Edo State Governorship and Legislative

Houses Election Petition Tribunal delivered on 16 April 2008 wherein the tribunal dismissed the petition and upheld the election of the 1st respondent as the person duly elected to the Edo State House of Assembly to represent Etsako East Constituency. The facts that led to this appeal are as follows: The 1st appellant (Abas Momoh Jega) was sponsored by the 2nd appellant (Peoples’ Democratic Party) as its candidate for the Edo State House of Assembly elections, which was held on 14 April 2007 for the Etsako East Constituency of Edo State.

The 1st respondent (Peter Aliu) was sponsored by the 2nd respondent (Action Congress) as its candidate for the Edo State House of Assembly elections, which was held on 14 April 2007 for the Etsako East Constituency. The appellants dissatisfied with the result of the election filed the petition at the tribunal on 11 May 20…

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