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BARRISTER DONATUS ONUIGWE V. DECLAN MBADIWE EMELUMBA & ORS.

(2008) JELR 47004 (CA)

Court of Appeal  •  CA/PH/EPT/453/2007  •  11 Feb 2008  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMED LAWAL GARBA JCA; TIJJANI ABDULLAHI JCA;

Judgement

GALADIMA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Governorship and Legislative Houses Election Tribunal, Imo State, holden at Owerri and delivered on Saturday, the 8th day of September, 2007. The tribunal upheld the election of the 1st respondent as the member representing Oru West State Constituency in the Imo State House of Assembly.

The petitioner, now the appellant, at the Tribunal was a candidate at the April 14, 2007, election into the Imo State House of Assembly for Oru West Constituency on the platform of All Progressive Grand Alliance (APGA).

After the election, the 1st respondent was declared winner and returned as the member representing Oru West State Constituency in the Imo State House of Assembly. Dissatisfied with the result, the petitioner filed his petition at the trial tribunal stating the grounds on which he relied as follows:

"1. The 1st respondent was disqualified from contesting the election.

2. The 1st respondent wa…

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