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HON. ERIC ACHO NWAKANMA V. ENYINNAYA ABARIBE & ORS

(2008) JELR 46972 (CA)

Court of Appeal  •  CA/PH/EPT/220/2008  •  10 Dec 2008  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMED LAWAL GARBA JCA; EJEMBI EKO JCA;

Judgement

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): The Petitioner now the Appellant and the 1st Respondent both contested election to the seat of a Senator in the National Assembly for the Abia South senatorial District. In the said election that was held on 28/4/2007, the petitioner contested under the platform of Progressive Peoples Alliance (PPA) while the 1st Respondent contested under the platform of the peoples Democratic Party (PDP). After the election the 1st Respondent was declared the winner and thus returned. Aggrieved, the petitioner filed his petition at the Governorship/Legislative Houses Elections Tribunal sitting at Umuahia, Abia State on the following three main grounds:

1. That the 1st Respondent whose election is questioned was at the time of the election on 28th April, 2007, not qualified to contest the said election;

2. That the erection of the 1st Respondent was invalid by reason of corrupt practices and or non-compliance with the provisions of the Elec…

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