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JOHN OGELLE KENNEDY C. V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

(2010) JELR 33070 (CA)

Court of Appeal  •  CA/PH/EPT/666/2008  •  15 Jul 2010  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

ABUBAKAR JEGA ABDUL-KADDIR, J.C.A.(Delivering the Leading Judgment): The Appellant and 7th Respondent were candidates in the House of Assembly election for the position of member representing Isiukwuato State Constituency of Abia State House of Assembly. After the election, the 7th Respondent was declared the winner of the election. The Appellant filed a petition at the Governorship and Legislative Houses Election Tribunal, Umuahia which petition was heard and dismissed on 21st day of October, 2008.

The facts leading to this appeal are that the Isiukwuato State constituency whose office of membership is in contest in respect of only one (1) ward is made up of ten wards. The ward in question in the petition at the trial Tribunal and this appeal is ward 7.

At the close of election on 14th day of April, 2007, results were generated from nine wards and none from ward 7. This was because violence marred the election in ward 7.

The crux of the Appellant grouse at the trial Tribunal is tha…

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