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EM MA M ADUABU V. ONYIMBAH ENEKWECHI C. RAY IND EP END EN T N ATIO N AL ELEC TO RAL COMMISSION OZO P. C. ENUH

(2004) JELR 57679 (CA)

Court of Appeal  •  CA/E/EPT/7A/2003  •  6 Apr 2004  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA (Presided) CLARA BATA OGUNBIYI JCA (Read the Lead Judgment) MONICA B. DONGBAN-MENSEM JCA

Judgement

OGUNBIYI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Governorship and Legislative Houses Election Tribunal (coram: Honourable Justice Ejembi Eko, Honourable Justice S. U. Dikko and Chief Magistrate Ambrose Lewis Allagoa) holden at Enugu, delivered on Wednesday 16th day of July, 2003 wherein the Honourable Tribunal voided the election of the appellant as the elected member representing Agwu South Constituency in the Enugu State House of Assembly, affirmed the scores of the appellant and the 1st respondent as 289 (two hundred and eighty-nine) and 13,827 (thirteen thousand, eight hundred and twenty-seven) votes respectively. A further order was made on the 2nd respondent to conduct a bye-election in Agwu ward 1, Obeagu ward, Anikenan/Ugwueme ward and Mmaku section of Mgbidi/Mmaku ward.

It is needful to spell out the facts of this case which are clearly borne out on the record of proceedings for clear understanding.

The appellant and the petitioner/1s…

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