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SENATOR (DR.) CHRIS NWABUEZE NGIGE & ANOR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2014) JELR 36136 (CA)

Court of Appeal  •  CA/E/EPT/02/2014  •  15 Apr 2014  •  Nigeria

Coram
ABUBAKAR JEGA ABDULKADIR JCA; IGNATIUS IGWE AGUBE JCA; PETER OLABISI IGE JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): In the October 2013 general election to the office of Governor of Anambra State held in Anambra State, the 3rd respondent who was the 4th respondent's candidate in that election was declared the candidate with the highest number of votes cast at the election and then declared elected and returned.

By an election petition No. EPT/GOV/AN/02/2014 dated and filed on 20-12-2013, the appellants herein as petitioners questioned the election and return of the 3rd respondent. Upon being served with the petition, the respondents filed their respective replies to the petition.

In the 1st and 2nd respondents' reply to the petition, it is stated that-

a. "1st and 2nd respondents shall pray the Tribunal at the pre-hearing conference, to strike out the 5th respondent from the petition on the ground that the 5th respondent is not a respondent within the contemplation of the Electoral Act, 2010 (As Amended), (hereinafter referred to as …

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