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PRINCE UCHE NWOLE V. CHIEF AMAH CHIBUZO IWUAGWU INDEPENDENT NATIONAL ELECTORAL COMMISSION THE RETURNING OFFICER, OWERRI SENATORIAL CONSTITUENCY THE RETURNING OFFICER, MBAITOLI L.G.A. THE RETURNING OFFICER, IKEDURU L.G. A THE RETURNING OFFICER,OWERRI WEST L.G.A. THE RETURNING OFFICER,OWERRI MUNICIPA L L.G.A. THE RETURNING OFFICER,OWERRI NORTH L.G.A. THE RETURNING OFFICER, AHIAZU L.G.A. THE RETURNING OFFICER, ABOH MBAISE L.G.A. THE RETURNING OFFICER, EZINIHITTEE L.G.A. THE RETURNING OFFICER, NGOR-OKPALA L.G.A. THE ELECTORAL OFFICER, MABITOLI L.G.A. THE ELECTORAL OFFICER, IKEDURU L.G.A. THE ELECTORALOFFICER,OWERRI NORTH L.G.A THE ELECTORAL OFFICER, OWERRI MUNICIPAL GOVT. AREA THE ELECTORAL OFFICER, OWERRI NORTH L.G.A. THE ELECTORAL OFFICER, AHIAZU L.G.A. THE ELECTORAL OFFICER, ABOH-MBAISE L.G.A. THE ELECTORAL OFFICER, NGOR-OKPALA L.G.A.

(2003) JELR 56667 (CA)

Court of Appeal  •  CA/PH/EPT/ 201/2003  •  9 Oct 2003  •  Nigeria

Coram
MICHAEL EYARUOMA APKIROROH, JCA (Presided) ABOYI JOHN IKONGBEH, JCA DAVID ADEDOYIN ADENIJI, JCA (Read the Lead Judgment)

Appearances
J. C. Uwazuruonye - for the Appellant . -*- Chief Bon Nwakanma, SAN (with him, O. Nwachukwu) - for the 1st Respondent .

Judgement

ADENIJI, JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Election Petition Tribunal Imo State sitting at Owerri in suit No. NAE/IMS/16/03 striking out the petition of the appellant, Prince Uche Nwole and being dissatisfied he appealed against same to this court. The appellant filed only one ground of appeal, which ran thus: “The Election Tribunal erred in law by striking out the petition on the ground that allegations were made against Presiding Officers in paragraph 4 of the petition who were not joined in the petition” See page 75 of the record of appeal. The facts of this appeal are simple. The appellant and the respondent together with other respondents were candidates in the National Assembly election for the Owerri Senatorial District. He contested on the platform of the All Nigeria Peoples Party (ANPP) while the 1st respondent contested on the platform of the Peoples Democratic Party (P.D.P.). At a stage in the proceedings, the respondent’s c…

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