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IFEANYI PETERKIN OKEREKE PEOPLES’ DEMOCRATIC PARTY (PDP) V. HON. MATHEW IBE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 152 ORS.

(2008) JELR 55629 (CA)

Court of Appeal  •  CA/PH/EPT/225/2008  •  10 Dec 2008  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided) KUDIRAT M. O. KEKERE-EKUN JCA (Read the Lead Judgment) IBRAHIM MOHAMMED MUSA SAULAWA JCA

Judgement

KEKERE-EKUN JCA (DELIVERING THE LEADING JUDGMENT): On the 14 April 2007, the 2nd respondent, Independent National Electoral Commission (INEC) conducted elections into the Abia State House of Assembly. The 1st appellant and 1st respondent, along with other candidates contested the election as representatives of the Umunneochi State Constituency. The 1st appellant contested the election on the platform of the 2nd appellant, the Peoples' Democratic Party (PDP), while the 1st respondent was the candidate of the Peoples’Progressive Alliance (PPA). At the conclusion of the election, the 2nd - 5th respondents returned the 1st respondent as duly elected having scored the highest number of lawful votes cast.

The appellants challenged the declaration and return of the 1st respondent at the Governorship and Legislative Houses Election Tribunal holden at Umuahia, Abia State by a petition dated and filed on 14 May 2007. They sought the following reliefs:

a. That the election in Lokpanta, Lokpaukwu…

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