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BONA ORAEKWE & ANOR V. OBIORA CHUKWUKA & ORS.

(2010) JELR 47747 (CA)

Court of Appeal  •  CA/E/EPT/32/08  •  17 Dec 2010  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; MOHAMMED LADAN TSAMIYA JCA; ABDU ABOKI JCA;

Appearances
Mrs. C. Onyekwuleje For Appellant Arthur Obi-Okafor (SAN) with F. I. Aniukwu, Esq. S. O. Ibrahim, Esq. For Respondent

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The 1st Appellant, was the candidate of the Action Congress [AC], and 1st Respondent, who was sponsored by the Peoples Democratic Party [PDP], vied for the same election into the Anambra State House of Assembly as the Member representing Onitsha South Constituency II.

Dissatisfied with the declaration of the 1st Respondent as the duly elected Member representing the said Constituency, the Appellants filed a Petition at the Anambra State Governorship and Legislative Houses Election Tribunal wherein they prayed the Tribunal for the following -

"-- That it be determined that the said Obiora Chukwuka was not duly elected and that his election into the Anambra State House of Assembly for Onitsha South 11 Constituency on the 14th day of April 2007

(1) Is void for reasons of:

(a) Corrupt practices;

(b) Substantial non-compliance with the provisions of the Electoral Act, and

(2) That the said election be nullified;

(3) That fresh…

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