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ENGR. ONWUKAIKE NWAMBAM V. CHIEF INNOCENT UTULOR UGOCHIMA & ORS.

(2010) JELR 46644 (CA)

Court of Appeal  •  CA/E/EPT/20/2007  •  22 Sep 2010  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN M. OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgement): This is an appeal against the judgment of the National Assembly, Governorship and Legislative Houses Election Petition Tribunal sitting at Abakaliki, Ebonyi State.

The appellant who was the petitioner before the lower tribunal filed his petition on 14th day of April, 2007 against the election of the 1st respondent into the House of Representatives for Ezza South Federal Constituency held on the 21st day of April, 2007. Therein, the petitioner/appellant sought the following reliefs against the respondents:

"(a) An order nullifying or invalidating the returns of the 1st respondent as the winner of the said election;

(b) The petitioner is the duly elected member representing the Ezza South/Ikwo Federal Constituency of Ebonyi State in that he was the person validly nominated by the 4th respondent as its candidate for the election.

(c) An order directing the 2nd and 3rd respondents to issue a certificate of return to the pe…

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