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BARRISTER CHIJIOKE MADUMERE V. HON. CHIEF FRED NWOSU PEOPLES’ DEMOCRATIC PARTY INDEPENDENT NATIONAL ELECTORAL COMMISSION & 144 ORS. AND INDEPENDENT NATIONAL ELECTORAL COMMISSION & 144 ORS. V. HON. CHIEF FRED NWOSU PEOPLES’ DEMOCRATIC PARTY BARR. CHIJIOKE MADUMERE

(2009) JELR 57097 (CA)

Court of Appeal  •  31 Mar 2009  •  Nigeria

Coram
SULEIMAN GALADIMA JCA (Presided and Read the Lead Judgment) MOHAMMAD LAWAL GARBA JCA TIJANI ABDULLAHI JCA

Appearances
Awa U. Kalu (SAN) (with him, C.O. Nwaogu Esq. and N.C. Okonkwo) - for the Appellant in CA/PH/EPT/227/2008 and 3rd -*- Respondent in CA/PH/EPT/227A/2008 E -*- Chief Henry Balogun Esq. - for the 1st and 2nd Respondents in -*- the two Consolidated Appeals. -*- I. Igboko Esq. (with him, S. Nwigboke Esq.) - for the 3rd-147th Respondents in CA/PH/EPT/227/2008 and 1st-144th Appellants in CA/PH/EPT/22A/2008.

Judgement

GALADIMA JCA (Delivering the Lead Judgment): This is an appeal by the 1st respondent (now the “appellant”) against the decision of the Abia State Governorship/Legislative Houses Election Tribunal (hereinafter referred to as the tribunal, sitting at Umuahia delivered on 5 February 2008.The tribunal upturned the return of the appellant who contested under the platform of the Progressive Peoples’Alliance (PPA) as the winner of the election held on 12 April 2007 in respect of the Umuahia South State Constituency. The tribunal below in its judgment held that the 1st respondent (still 1strespondent herein) who contested under the platform of the Peoples’ Democratic Party (PDP) won the majority of lawful votes cast at the said election and ordered his return as the winner of the election.

Aggrieved by the decision of the tribunal, the appellant has thus appealed to this court. His amended notice of appeal contains eight (8) grounds. In compliance with the Practice Directions No. 2 of 2007, …

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