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IFEANYICHUKWU OKONKWO (SUING FOR HIMSELF AND ON BEHALF OF NIGERIA ADVANCE PARTY) V. IN RE: DR. CHRIS NWABUEZE NGIGE V. MR. PETER OBI INDEPENDENT NATIONAL ELECTORAL COMMISSION (I.N.E.C.) & 449 ORS.

(2007) JELR 54479 (SC)

Supreme Court  •  13 Jul 2007  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC (Presided) GEORGE ADESOLA OGUNTADE JSC MAHMUD MOHAMMED JSC (Read the Lead Judgment) FRANCIS FEDODE TABAI JSC CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC

Appearances
Appellant in person. -*- 1st Respondent absent and not represented. E -*- Dr. Onyechi Ikpeazu SAN - -*- for the 2nd Respondent. -*- Dr. A. Layonu (with him, A. Oguntoye, O. Oyewunmi) - for the 3rd to 449th Respondents.

Judgement

MOHAMMED JSC (Delivering the Lead Judgment): The appellant in these appeals heard together on 19/4/2007, he was a candidate sponsored by Nigeria Advance Party (NAP) for the governorship election conducted in April, 2003 in Anambra State. Having lost in the election , the appellant challenged the result of the election by a petition filedbefore the Governorship and Legislative Houses Election Tribunal in Awka, Anambra State which after hearing the petition dismissed it. The appellant’s appeal to the Court of Appeal, Enugu against the decision of the tribunal was equally dismissed by the court in its judgment delivered on 7/7/2003, which had been reported under the title of Okonkwo v. I.N.E.C. (2004) 1 NWLR (Pt. 854) 242.

However, on 9/11/2005, the appellant again filed an application at the Court of Appeal, Enugu for enlargement of time to seek leave to appeal, leave to appeal and enlargement of time within which to file and serve the notice and grounds of appeal against the decis…

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