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HON. FABIAN OKPA v. CHIEF ALEX IREK & ANOR

(2012) JELR 35213 (CA)

Court of Appeal  •  CA/C/NAEA/289/2011  •  7 Jan 2012  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; JOSEPH TINE TUR JCA;

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): The Appellant Hon. Fabian Okpa as Petitioner in the Tribunal contested election into the Obubra 1 State Constituency held on 26th April, 2011 and 28th April, 2011. The Respondent Chief Alex Irek of the Action Congress of Nigeria also contested and was returned as the winner of that election.

Being dissatisfied, the appellant presented this Petition on 19th May, 2011. After the full trial, the Tribunal delivered its considered judgment on 14th November, 2011 and dismissed the Petition.

Being aggrieved again, the appellant filed a notice and 6 grounds of appeal on the 3rd December, 2011. The Appellant also filed his Appellant's brief on 14th December, 2011. Also filed on 21st December, 2011 is the Appellant's Reply to the 1st Respondent's Brief. The Appellant in his brief articulated 3 issues from the 6 grounds of Appeal as follows:

1. Whether the Tribunal was right in holding that unless a written statement on oath is acc…

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