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MBAH GEOFFERY ANAYO & PEOPLES DEMOCTRATIC PARTY V. EZE IGNATIUS OSITA, LABOUR PARTY & INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2023) JELR 112592 (CA)

Court of Appeal  •  CA/E/EP/SHA/EN/44/2023  •  21 Dec 2023  •  Nigeria

Coram
MOHAMMED MUSTAPHA, JCA MOHAMMED DANJUMA, JCA LATEEF ADEBAYO GANIYU, JCA

Appearances
Okwuchukwu C. Ugolo, Esq; for the Appellants. A. O. Mogboh Jnr. SAN, with Emeka Osogwa, Esq; for the 1st Respondent. D. I. Ishiwu, Esq; with C. S. Agbafe, Esq; for the 2nd Respondent. Ekene E. Ude, Esq; with P. H. Ogbole, SAN; Abanum Okwudili, Esq; Nneka Nobis-Elendu, Esq; for the 3rd Respondent.

Judgement

MOHAMMED DANJUMA, JCA (Delivering the Leading Judgement): This is an appeal against the judgment of the National and States Houses of Assembly Election Petition Tribunal holden at Enugu, Enugu State coram: Hon. Justice A. A. Onyebueke (Chairman); Hon. Justice I. M. Bargaja (Member I) and Hon. Justice S. M. Sambowal (Member II) in Petition No: EPT/EN/SHA/42/2023, between Mbah Geoffery Anayo & Anor V. Eze Ignatius Osita & Ors. delivered on the 30th day of October, 2023. Dissatisfied with the said judgment, the Appellants (Petitioners at the Tribunal) filed a Notice and Grounds of Appeal dated the 11th day of November, 2023 and filed on the 18th day of November, 2023.

STATEMENT OF MATERIAL FACTS

On 18th of March, 2023 and 15th of April, 2023, the 3rd Respondent conducted election into the seat of the House of Assembly for the Orji River State Constituency. At the conclusion of the election, the 3rd Respondent returned the 1st Respondent who contested the election under the platform of the…

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