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KINGSLEY NONYE PHILIPS v. INDEPENDENT NATIONAL ELECTORAL COMM. (INEC)

(2009) JELR 33611 (CA)

Court of Appeal  •  CA/B/EPT/264/2007  •  25 Feb 2009  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; GEORGE OLADEYINDE SHOREMI JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME (Ph.D) J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal, commenced proceedings in the lower tribunal by way of an election petition against the Respondent in which he claimed the following reliefs:

(a) A declaration that the petitioner being the validly nominated Candidate of the Peoples Democratic Party be issued with a Certificate of Return for the Ika South Constituency House of Assembly, having scored the highest number of votes cast at the elections.

(b) An order that the petitioner be declared validly elected and returned his political party having polled the highest number of lawful votes cast at the election.

(c) An order that INEC issues the petitioner a Certificate of Return, the petitioner having been duly sponsored by a political party (PDP), having contested and won the elections for Ika South Constituency of the House of Assembly general Elections.

Before then, the Appellant had filed a suit at the Federal High Court clai…

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