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DR. SAMPSON ORJI V. CHIEF MAO OHUABUNWA IN DEPEND EN T NATI ON AL ELECTOR AL COMMISSION (INEC) MRS. MARGARET NWOGBO (THE RETURNING OFFICER FOR AROCHUKWU/OHAFIA FEDERAL CONSTITUENCY) LADY G. N. ATULEGWU (THE RETURNING OFFICER FOR AROCHUKWU L.G.A.) A. A. NWACHUKWU (THE RETURNING OFFICER FOR OHAFIA L. G. A.) B. MISMARK (THE ELECTORAL OFFICER FOR AROCHUKWU L. G. A.) KALU ACHONU (SUPERVISOR FOR OVUKWU WARD) IJEOMA ONYEMAUCHEYA (SUPERVISOR FOR OHAFOR I WARD) ONEBUNNE G. I. (SUPERVISOR FOR AROCHUKWU I (A) WARD) UCHE OYEDI (SUPERVISOR FOR AROCHUKWU I (B) WARD) UGWU D. O. (SUPERVISOR FOR AROCHUKWU II WARD) UGORJI J. N. (SUPERVISOR FOR IKWUN (A) WARD) SOLOMON OGBUUANU (SUPERVISOR FOR ELEOHA (A) WARD) KOKE K. N. (SUPERVISOR FOR ELEOHA (B) WARD) ULU UMUNNA KALU (SUPERVISOR FOR UTUTU (A) WARD) IREM OKORE IREM (SUPERVISOR FOR UTUTU (B) WARD) JULIUS EKE (SUPERVISOR FOR ISU WARD) NDUBUISI S. O. (SUPERVISOR FOR AROCHUKWU III WARD) ONYEUDO AKUMA (SUPERVISOR FOR UTUTU (B) WARD) PRESIDING OFFICER UJARU POLLING STATION NO. AB/03/029/09/1 PRESIDING OFFICER AMASU POLLING STATION NO. AB/03/029/09/4 PRESIDING OFFICER GOVT. AREA POLLING STATION NO. AB/03/029/10/13 PRESIDING OFFICER OBINKITA I POLLING STATION NO. AB/03/030/1 /1 PRESIDING OFFICER UTUGHUIYI I POLLING STATION NO. AB/03/030/11/4 PRESIDING OFFICER UGWUAYO POLLING STATION NO. AB/03/030/11/11 PRESIDING OFFICER AMUYI I POLLING STATION NO. AB/03/030/12/14 KALU B. A. (COLLATION/RETURNING OFFICER FOR IKWUN WARD) NWANKWO ORJI UME (COLLATION/RETURNING OFFICER FOR OHAFOR II WARD) OGWO CHIMAOGU (COLLATION/RETURNING OFFICER FOR AROCHUKWU II WARD) EMMANUELADIMOHA (COLLATION/RETURNING OFFICER FOR AROCHUKWU III WARD) IDIKA OKORIE (COLLATION/RETURNING OFFICER FOR ISU WARD) UBA OBE (COLLATION/RETURNING OFFICER FOR OVUKWU WARD) NJOKU OGBONNAYA (COLLATION/RETURNING OFFICER FOR UTUTU WARD) IBEM AJIKE (COLLATION/RETURNING OFFICER FOR NDI ELU NKPORO WARD) THE COLLATION/RETURNING OFFICER FOR NKPORO WARD THE PRESIDING OFFICER, AM AIYI HALL POLLING STATION THE PRESIDING OFFICER, AMURIE PRIMARY SCHOOL POLLING STATION THE PRESIDING OFFICER, UKOFIA/AMAFOR POLLING STATION THE PRESIDING OFFICER, POLLING STATION 05 (AMANKPO I) THE PRESIDING OFF ICER, ATANI AGBO POLLING STATION NO. AB/03/030/12/18 THE P RES ID IN G O FF IC ER, AS AG BA II POLLING STATION NO. AB/03/030/12/22 THE PRESIDING OFFICER, NDIEGBULAGU/ NDIEMEME POLLING STATION NO. AB/03/030/ 12/22

(2004) JELR 56819 (CA)

Court of Appeal  •  CA/PH/EPT/159/2003  •  27 Jan 2004  •  Nigeria

Coram
MICHAEL EYARUOMA AKPIROROH, JCA (Presided) ABOYI JOHN IKONGBEH, JCA (Read the Lead Judgment) DAVID ADEDOYIN ADENIJI, JCA

Appearances
Dr. D. O. Babalakin, SAN (with him, O. Akoni, Esq., O. Obayomi, Esq. and A. Oguntoye, Esq.) - for the Appellant. -*- M. O. Onyeka, Esq. (with him, Mrs. B. O. Tedeye) - for the 1st Respondent. -*- E. Duruiheoma, Esq. (with him, C. E. Udumaga, Esq.) - for the -*- Respondents.

Judgement

IKONGBEH, JCA (Delivering the Lead Judgment): This appeal has arisen out of the ruling of the National Assembly/Governorship and Legislative House Election Petition Tribunal, sitting in Umuahia. The appellant was one of three petitioners whose three petitions were consolidated for hearing. The three petitioners had sought to have the return of the 1st respondent herein nullified. The respondents moved the Tribunal to strike out each of the three petitions on the ground, inter alia , that necessary parties had not been joined, thereby rendering the petitions incompetent. The Tribunal acceded to their request and struck out the three petitions.

This appeal is by the petitioner in the third petition. i.e. No. EPT/ NA/AB/08/03. In striking out this petition the Tribunal observed and held at pp. 96 - 99: β€œIn petition No. EPT/NA/AB/08/2003 respondents No. 20 -26 are the only presiding officers joined as respondents in the petition whereas a careful look at paragraph 6(i), (v), (vii), (ix…

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