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FELIX NBANEFO NWOKO V. SENATOR PATRICK OSAKWE & ANOR.

(2009) JELR 39936 (CA)

Court of Appeal  •  CA/B/EPT/206/2008  •  10 Jul 2009  •  Nigeria

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

Appearances
G.C. Igbokwe Esq;Mrs. Echebima,D. Adodo Esq, T.A. Emirwa Esq and F.T. Ezeokanor Esq. For Appellant E.G. Ohwovoriele Esq;A. Alofoje EsqO. Ovrawah Esq;M.. Agbie Esq andU.S. Amadi Esq. For Respondent

Judgement

GEORGE OLADEINDE SHOREMI J.C.A, (Delivering the Leading Judgment): This appeal emanated from the decision of the National Assembly/Governorship and legislative Houses Election Petition Tribunal holden at Asaba Delta State and delivered on the 28th day of May 2008 in which the petition of the Appellant was dismissed. It is against this judgment that the Appellant who was the petitioner at the tribunal had filed 12 grounds of appeal.

The Appellant called evidence and gave a written address which he adopted.

The 1st Respondent also called witnesses and also adopted his written address.

After adoption of written addresses the Honourable Chairman and members of the tribunal gave judgment on the 28th day of May 2008 dismissing the petition.

The relevant part of the judgment reads thus I quote -

"From these pieces of evidence given by the Petitioner and his witnesses, it is crystal clear that this evidence is at variance with the pleadings of the Petitioner highlighted above. And where such …

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