SENATOR NKECHI JUSTINA NWAOGU V. HON. EMEKA ATUMA INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) PEOPLES’ DEMOCRATIC PARTY

FABIYI JSC (DELIVERING THE LEADING JUDGMENT): The appeal and the cross-appeal herein are against the judgment of the Court of Appeal, Abuja Division (the court below) delivered on 13 December 2011. Therein, the appeal by the 1st respondent/cross-appellant against the judgment of the Federal High Court (the trial court) delivered on 21 April 2011 was allowed and the decision was ultimately set aside.

The relevant practice that a dispute arose between the 1st respondent/ cross-appellant on the one part and the appellant/cross-respondent and 2nd respondent on the other part, as to whether or not Osisioma Ngwa Local Government Area was in Abia Central Senatorial District, the purpose of the 2011 general election for the said Senatorial District. On 9 July 2010, the respondent/cross-appellant wrote exhibit EAl to the 2nd respondent by which he sought clarification on the Local Government Areas that comprised Abia Central Senatorial District. He received the 2nd respondent’s letter of clari…