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CHIEF CHRIS NWAUKONI V. JOAN ONYEMACHI BIELONWU & ORS.

(2008) JELR 33542 (CA)

Court of Appeal  •  CA/B/EPT/29/2008  •  17 Jul 2008  •  Nigeria

Coram
GEORGE OLADEINDE SHOREMI JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Governorship and Legislative Houses Election Tribunal of Delta State, sitting at Asaba (hereinafter simply referred as the lower Tribunal) in petition No. CA/B/EPT/HA/01/2007 in a ruling delivered on 11th December, 2007 wherein the Amended Petition of the Petitioner/Appellant was struck out for being incompetent. The Petitioner/Appellant was dissatisfied with the ruling of the lower Tribunal of 11/12/07 and appealed to this Court in a notice of appeal dated 27th December, 2007.

The facts leading to this appeal were that the Appellant and the 1st Respondent being members of the same political party - PDP, indicated interest in being sponsored to contest the election for the Aniocha South Constituency of the Delta State House of Assembly. In pursuit of this interest, the PDP organized a primary election in which the Appellant and 1st Respondent were candidates along with o…

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