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CHIEF TERRY JOHNSON OTUYA v. CHARLES UDOGWU ONYEKWELI & ORS.

(2010) JELR 33296 (CA)

Court of Appeal  •  CA/B/EPT/334/2007  •  9 Jun 2010  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A: (Delivering the Leading Judgment): This is an appeal against the ruling of the Governorship/Legislative Houses Elections Petitions Tribunal established for Delta State delivered on 14th November, 2007. The Appellant was the Petitioner before the lower Tribunal. On the 21st April, 2007, elections were held for the Ndokwa East/Ndokwa, West/Ukwuani Federal Constituency of the House of Representatives of the National Assembly of the Federal Republic of Nigeria, amongst other similar Federal Constituencies. At the end of the said election, the 2nd Respondent, through the 3rd and 4th Respondents declared one Chief Mercy Almona - Isei of the Peoples Democratic Party (PDP) as the winner of the election.

The Appellant was aggrieved by the declaration of the result of the election and return of Chief Almona-Isei as the elected candidate for the Ndokwa East/Ndokwa West and Ukwuani Federal Constituency.

In an Election Petition dated and filed on 21st May, 2007,…

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