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HON. JUSTICE G. M. NABARUMA HON. JUSTICE I. I. AGUBE HON. JUSTICE J. B. K. ALADEJANA HON. JUSTICE P. A. ONAMADE CHIEF M AGISTRATE A. I. MARU (CHAIRMAN AND MEMBERS, NATIONAL ASSEMBLY ELECTION TRIBUNAL, AWKA) CHIEF O. C. EGWUATU V. HON. CHUDI OFFODILE

(2004) JELR 54217 (CA)

Court of Appeal  •  CA/E/6/2004  •  7 Jun 2004  •  Nigeria

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

Appearances
Alhaji A. Ibrahim SAN (with him, R. Oguneso) - for the 1st - 5th Appellants -*- U. Ikeazor (Mrs.) - for the 6th Appellant G -*- H. Kareem - for the Respondent

Judgement
<p><strong> FABIYI JCA (Delivering the Lead Judgment): </strong> This appeal is against the decision handed out by Archibong J. at the Federal High Court, Enugu on 12th November, 2003 in suit No. FHC/EN/ES/220/2003. The trial Judge held that the Tribunal constituted by the appellants, National Assembly Election Tribunal, Awka, is an inferior Tribunal and assumed supervisory jurisdiction over the proceedings of the appellants. The trial Judge issued an injunctive order prohibiting the appellants from continuing with the hearing of petition No. EPT/AN/NA/5/2003 duly filed on 5-5-03 by one Chief O. C. Egwuatu before it.</p><p>In the stated petition, one Chief O. C. Egwuatu challenged the election and return of the respondent as the elected representative for Awka North/ South Federal Constituency of Anambra State of Nigeria. The vital ground for the petition are, among others - β€œa) That Chudi Offodile (the respondent) never contested the election and was not presented by the Peoples Democratic Party. b) That on th…</p>

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