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BARRISTER VINCENT OSAKWE v. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS

(2005) JELR 41527 (CA)

Court of Appeal  •  CA/E/EPT/4/2004  •  24 Feb 2005  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA; WALTER SAMUEL NKANU ONNOGHEN JCA; ISTIFANUS THOMAS JCA;

Judgement

ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly/Governorship and Legislative House Election Petition Tribunal, Anambra State of Nigeria delivered on the 28th day of October, 2003 in petition No. EPT/AN/HA/70/03 in which it dismissed the petition of the appellant against the return of the 5th respondent as the duly elected member of Anambra State House of Assembly representing Dunukofia Local Government Area constituency following an election conducted on the 3rd day of May, 2003.

It is the case of the appellant that he was nominated by the Peoples Democratic Party a.k.a. PDP as its candidate for the Anambra State House of Assembly election of 3/5/03 in Dunukofia Constituency. That his name, along with other PDP candidates, was forwarded to the 1st respondent as candidate for that election. That following the receipt of the list containing the name of the appellant, the 1st respondent, also known as INEC duly published…

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