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GEORGE ODON v. CHIEF NIMI BARIGHA AMANGE & ANOR

(2008) JELR 33545 (CA)

Court of Appeal  •  CA/PH/EPT/526/07  •  10 Dec 2008  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; EJEMBI EKO JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): In the National Assembly elections conducted on the 21st April, 2007 in the country by the Independent National Electoral Commission (INEC and 2nd Respondent in this appeal) the Appellant and 1st Respondent was candidates for the Bayelsa East Senatorial seat of Bayelsa State. The Appellant was sponsored by the Action Congress (AC) while the 1st Respondent was sponsored by the Peoples Democratic Party (PDP); both registered political parties for the elections. At the conclusion of the elections, the 1st Respondent was declared and returned the winner by the 2nd Respondent and being dissatisfied with the returns, the Appellant filed an election petition against same. The Appellant's petition was presented on the 21st of May, 2008 before the National Assembly, Governorship and Legislative Houses Election Tribunal established for Bayelsa state. The petition went to trial after which the election Tribunal (hereinafter to be ca…

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