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NDUKWE OGUGUA LOUIS v. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & Ors

(2010) JELR 33292 (CA)

Court of Appeal  •  CA/B/EPT/279/2007  •  17 Jun 2010  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME (Ph. D), J.C.A(Delivering the Leading Judgment): In the election into the Delta State House of Assembly for Oshimili North Constituency, six candidates emerged for the contest including the present Appellant in this appeal who was the candidate of the Action Congress (AC) and the 5th Respondent herein who was the candidate of Accord Party (AP).

At the conclusion of the said election, the 1st, 2nd and 3rd Respondents herein declared the 5th Respondent as winner. Dissatisfied with this declaration, the Petitioner commenced proceedings at the Delta State Election Tribunal by way of a Petition wherein he sought two reliefs namely:

"(a) That the 5th Respondent was not duly declared elected or returned and should not be declared as duly returned or duly elected by 1st - 3rd Respondents.

(b) That the Petitioner be declared as validly elected or returned having scored/polled the highest/majority of lawful votes cast at the election."

The Petition was predicated on th…

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