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OKOGERI CHUKWU LINUS & ANOR v. IKORO OGBONNA KINSLEY & ORS

(2012) JELR 35176 (CA)

Court of Appeal  •  CA/E/EPT/45/2011  •  16 Jan 2012  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; ADZIRA GANA MSHELIA JCA; ALI ABUBAKAR BABANDI GUMEL JCA; IGNATIUS IGWE AGUBE JCA; ABUBAKAR ALKALI ABBA JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A (Delivering the Leading Judgment): Sequel to the conduct of the Election into the membership of the Ebonyi State House of Assembly for the Afikpo North West Constituency by the 3rd Respondent on the 26th day of April, 2011 and the subsequent declaration of the 1st Respondent (a candidate of the 2nd Respondent), as the winner with 12200 votes by the 3rd, 4th, and 5th Respondents; the 1st Appellant who was sponsored by and scored 1662 votes at that Election, the 2nd Appellant proceeded to the Governorship and Legislative Houses Election Tribunal sitting at Abakaliki, Ebonyi State Coram: Hon. Justices H.A Olusiyi (Chairman), P.I. Imoedemhe and B.M. Tukur (Members) and filed petition No. EB/EPT/SHA/10/2011, challenging the return and declaration of the 1st Respondent as the winner of that election.

The petition was predicated primarily on the invalidity of the election by reason of corrupt practices and non-compliance with the provisions of the Electoral Act and…

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