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LADY MARGERY OKADIGBO V. PRINCE JOHN OKECHUKWU EMEKA & ORS.

(2011) JELR 38853 (CA)

Court of Appeal  •  CA/E/EPT/03/2011  •  19 Aug 2011  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; ABDU ABOKI JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Appearances
Chuma Oguejiofor with E. Onwuamah For Appellant Arthur-Obi Okafor (SAN) with J. O. Nwankiti (Miss) for 1st Respondent.S. O. Ibrahim Asst. Chief Legal Officer (INEC) for 2nd Respondent.Emeka Ajaegbo for 3rd Respondent. For Respondent

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): In the National Assembly election which held throughout the country on the 9th day of April 2011. The 1st Respondent Prince John Emeka was declared the winner of the senatorial seat for Anambra North Senatorial District on the platform of the 3rd Respondent (PDP) by the 2nd Respondent.

The appellant who also claimed to be a candidate of the 3rd Respondent (PDP) at the said election felt aggrieved with the development and consequently filed a petition in the National Assembly Election Petition Tribunal sitting in Awka Anambra State wherein she prayed for the following reliefs:-

1. An order disqualifying the candidature of the 1st Respondent as candidate for the April 9th election into Anambra North Senatorial District as not having been sponsored by any political party.

2. An order returning the petitioner as the elected candidate in the April 9th senatorial election having polled the majority of lawful votes cast at…

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