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HON. BONIFACE OKOYE & ANOR V. HON. GABRIEL OKOYE ONYENWIFE & ORS

(2011) JELR 41381 (CA)

Court of Appeal  •  CA/E/EPT/56/2011  •  9 Dec 2011  •  Nigeria

Coram
ABUBAKAR JEGA ABDULKADIR JCA; A. OLUJIMI LOKULO-SODIPE JCA; ADAMU JAURO JCA;

Judgement

ADAMU JAURO J.C.A (Delivering the Leading Judgment): The appeal herein is against the ruling of the National and State Houses of Assembly Election Petition Tribunal Anambra State, holden at Awka, delivered on 11th October, 2011 in petition number EPT/AN/HA/46/2011, wherein the said petition was struck out, on the ground that it raised pre-election matters.

By way of prologue, a summary of the facts giving rise to this appeal is hereby made thus: The Appellants as Petitioners filed a petition in the Tribunal on the 17th May, 2011 challenging the return of the 1st Respondent as the winner of the House of Assembly Election for Anyamelum Constituency Anambra State held on the 26th April, 2011.

The grounds upon which the petition was anchored are as follows:

"(a) The return of the 1st Respondent as the person elected was invalid by reason of corrupt practices and substantial noncompliance with the provisions of the Electoral Act 2010 and the Manual made thereunder.

(b) The 1st and 3rd Resp…

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