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BARRISTER UMEH KALU V. CHIEF MAO.A. OHUABUNWA & ORS

(2003) JELR 44949 (CA)

Court of Appeal  •  CA/PH/EPT/170/2003  •  5 Nov 2003  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; ABOYI JOHN IKONGBEH JCA; DAVID ADEDOYIN ADENIJI JCA;

Judgement

SUNDAY AKINOLA AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the National Assembly Election Tribunal holden at Umuahia. The ruling was delivered on 16th June, 2003. The present appellant, Umeh Kalu, was a candidate at the election into Arochukwu/Ohafia Federal Constituency of the National Assembly held on 12th April, 2003. He contested the election on the platform of the National Democratic Party (NDP). There were in all six candidates who contested the election along with the appellant. The 1st respondent, Chief Mao Ohuabunwa was one of the six candidates that contested the election along with the appellant. The 2nd respondent, INEC, was the body that conducted the election; while the 3rd to 23rd respondents were officials of the 2nd respondent that were involved in conducting the election.

At the conclusion of the election, the 2nd respondent declared the result as follows:

a) Mao Ohuabunwa (PDP) - 51,991 votes

b) Dr. Sampson Orji (ANPP) …

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