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CHIEF ONWUKA KALU (A.K.A.) OKPUZU V. DR. KALU ORJI JOHNSON UZOR & ORS.

(2005) JELR 42827 (CA)

Court of Appeal  •  CA/PH/EPT/317/05  •  22 Nov 2005  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA; ISTIFANUS THOMAS JCA; MOHAMMED LAWAL GARBA JCA; OLABODE RHODES VIVOUR JCA;

Appearances
I. U. C. Eduzor, Esq.C. A. Elodu, Esq.Okechukwu Odumodu, Esq. For Appellant Awa U. Kalu, SANStanley OjigboH. S. Okorie, Esq.Livy Uzoukwu, Esq.C. K. Uba, Esq. For Respondent

Judgement

ROWLAND, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of The Governorship and Legislative Houses Election Tribunal dated 16th August, 2005. The appellant was the petitioner in an Election Petition filed in the said Governorship and Legislative Houses Tribunal holden at Umuahia, Abia State. The appellant and the 1st respondent herein were contestants at the gubernatorial elections, concerning the Governorship of Abia State, held on the 19th of April, 2003.

The 1st respondent was returned as duly elected by the Independent National Electoral Commission (INEC) and being dissatisfied with the result, the appellant filed the said petition challenging the 1st respondent's return. The petition is at pages 1 - 3 of the printed record. The respondents satisfied all the preliminaries including filing their respective memoranda of appearance. The 1st respondent filed a reply to the petition which incorporated a notice of preliminary objection. In addition, th…

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