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EGWUUOYIBO OKOYE V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS.

(2009) JELR 33714 (CA)

Court of Appeal  •  CA/E/EPT/61M/2008  •  2 Jul 2009  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; MOHAMMED L. TSAMIYA JCA; OLUKAYODE ARIWOOLA JCA;

Judgement
<p>MOHAMMED L. TSAMIYA, J.C.A, (Delivering the leading : ): In this ruling, the applicant (herein) was the petitioner before the Election Tribunal 1 (herein referred as Tribunal 1) sitting at Awka in Anambra State, while the respondents (herein) were respondents in the petition. The applicant petitioned against the return of the 4th respondent by the 1st - 3rd respondents in the General election held on 28/4/2007 in the Nnewi South Constituency, as the winner. The petition No. EPT/AN/SAE/85/2007 was on 3/6/2008 dismissed by the said Tribunal, 1. </p><p> Dissatisfied with the decision, the applicant quickly filed his notice of appeal on 12/6/2008. Then after the receipt of the judgment he filed and served the respondent another notice of appeal dated 23/6/2008 and filed on 24/6/2008. Thereafter, the appellant/applicant and 4th respondent each filed an application. </p><p> For clarity the application filed by the appellant/applicant mainly is for: </p><p> (a) Leave to withdraw the notice and grounds of a…</p>

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