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GODWIN OHUABUNWA V. BASIL DURU & ORS

(2008) JELR 48947 (CA)

Court of Appeal  •  CA/PH/EPT/527/2007  •  10 Apr 2008  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; TIJJANI ABDULLAHI JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; JCA;

Judgement

TIJJANI ABDULLAHI, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the Governorship and Legislative Election Petition Tribunal sitting at Owerri, Imo State delivered on the 1st November, 2007 wherein the lower Tribunal upheld the election of the 1st Respondent as member representing Onuimo State Constituency in the Imo State House of Assembly.

The lower Tribunal, after adding the votes found to have been wrongly excluded to the scores of the affected candidate held thus:

"1st Respondent is still the winner of the election having scored the majority of lawful votes cast. Having done that, we find no merit in the petition. We accordingly dismiss same".

Dissatisfied with the decision of the lower Tribunal stated (supra), the Appellant, on the 19th day of November, 2007 filed a Notice of Appeal consisting of seven grounds. The grounds without their particulars are as follows.

"GROUND ONE: ERROR IN LAW

The learned Judges of the Tribunal erred in law when they…

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