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CHIJOKE NWAKODO V. HON. STANLEY OHAJURUKA & ORS.

(2008) JELR 46970 (CA)

Court of Appeal  •  CA/PH/EPT/176/2008  •  30 Oct 2008  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMED LAWAL GARBA JCA; TIJJANI ABDULLAHI JCA;

Appearances
D. C. Denwigwe Esq. with Anayo Nwakodo For Appellant Awa U. Kalu Esq., SAN with A. C. Chioma, C. O. Nwaogu, Eke U. Eke, U. C. Okoronkwo, O. C. Ohajuruka, U. Ofoegbu, Ukpal Ukairo & Chris NwadigoChief (Barr.) Ifeanyi Iboko For Respondent

Judgement

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Abia State Governorship and Legislative Houses Election Petition Tribunal sitting at Umuahia, the State Capital delivered on the 7th day of February, 2008 which upheld the return of the 1st Respondent as the duly elected member of the House of Representatives for the Ikwuano/Umuahia Federal Constituency of Abia State in the National Assembly of the Federal Republic of Nigeria.

The facts of the case briefly stated are that: Elections into the National Assembly were conducted throughout the Federation on the 28th day of April, 2007. The Appellant was the candidate for the Peoples Democratic Party (PDP) in that election while the 1st Respondent was the candidate for the Progressive Peoples Alliance (PPA). The 3rd to 82nd Respondents are the Independent National Electoral Commission (INEC) and its officials who conducted that election.

At the end of the election, the first Responden…

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