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SYLVESTER NWENUGU NWITE v. UDE-UMANTA ANOKE MICHAEL & ORS

(2008) JELR 47560 (CA)

Court of Appeal  •  CA/E/EPT/13/2007  •  13 Mar 2008  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA; SOTONYE DENTON-WEST JCA; JIMI OLUKAYODE BADA JCA;

Judgement

JIMI OLUKAYODE BADA, J. C. A. (Delivering the Leading judgment): This is an appeal against the Judgment of the Governorship and Legislative Houses Election Tribunal sitting at Abakaliki, Ebonyi State, delivered on 11th day of September, 2007 wherein the return of the 1st Respondent now Appellant as the winner of the election to the Onicha West Constituency seat of Ebonyi State House of Assembly was nullified and a bye-election ordered.

Dissatisfied with the Judgment, the appellant filed this appeal.

The 1st Respondent/Appellant formulated three issues for determination as follows:-

"(1) whether the trial tribunal was right in holding that non-joinder of PDP did not render the petition incompetent.

(2) Whether the lower tribunal was right in holding that the Petitioner proved his status as a candidate in the election entitling him to file the Petition in his individual capacity alone.

(3) Whether the lower Tribunal was right in holding that 1st Respondent failed to discharge the onu…

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