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EMENIKE OWANTA & ANOR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2011) JELR 45881 (CA)

Court of Appeal  •  CA/OW/EPT/12/2011  •  1 Dec 2011  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; CHIDI NWAOMA UWA JCA; HARUNA M. TSAMMANI JCA;

Judgement

UWANI MUSA ABBA AJI, J.C.A (Delivering the Leading Judgment): This appeal stems from the judgment of the Governorship Election Petition Tribunal Sitting at Umuahia Abia State in Petition No. EPT/AB/G/16/2011 delivered on the 10th August, 2011 wherein the Tribunal dismissed the Appellant's petition against the return of the 3rd Respondent as the Governor of Abia State in the April 26th 2011 Governorship election.

The 1st Appellant herein, Emenike Owanta was a candidate of the 2nd Appellant, the Democratic Front for a Peoples' Federation at the election held on the 26th day of April, 2011. The 3rd Respondent, Theodore Orji contested the said election on the platform of the 2nd Respondent, Peoples Democratic Party (PDP). The 1st Respondent, Independent National Electoral commission (INEC) declared the 3rd Respondent, the winner of the election as having polled the highest number of votes cast at the election and returned him accordingly as the winner of the Governorship election of Abia …

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