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MR. JUDE LAWRENCE NWIBIE V. MR. LEYII KWANEE & ORS.

(2012) JELR 35206 (CA)

Court of Appeal  •  CA/PH/EPT/35/2011  •  7 Feb 2012  •  Nigeria

Coram
M. DATTIJO MUHAMMAD JCA; PAUL ADAMU GALINJE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Appearances
C.C. Nwaodu,S.E. Agbazie For Appellant B.N.L. Deemua,Rukkby Wilcox N.A. Duson - for the first RespondentJ. Elumeze - for the 2nd & 3rd Respondents For Respondent

Judgement

T.O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): On 18/11/2011 after hearing the appeal against the decision of the National and State House of Assembly Election Tribunal which sat - at Port Harcourt in Petition No. EPT/SHA/PH/29/2011. NWIBIE V. KWANEE and ORS. delivered on 27/9/2011, I gave a decision this dismissing appeal for lacking merit.

I hereby give reasons for doing so.

This appeal is in respect of the decision of the above tribunal delivered on 27/9/2011. The said tribunal had in their judgment as per page 437 of the record found as follows:

"In the final analysis we find that the petitioner has failed to prove that the grounds or issues of non-compliance with the Electoral Act that he enumerated substantially affected the resift or the election/return of the 1st Respondent. MR. LEYII KWANEE as the winner of the House of Assembly Election of 26/4//2011 for Khana Constituency II of the Rivers State House of Assembly. We hold that he was validly elected consequently thi…

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