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BARR. IHUOMA E. UDEAGHA & ANOR v. MATTHEW OMEGARA & ORS.

(2010) JELR 41716 (CA)

Court of Appeal  •  CA/PH/EPT/173/2008  •  30 Mar 2010  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Governorship and Legislative Houses Election Tribunal sitting at Owerri Imo State dated 7/3/08. The appellants filed a petition on the following grounds:

"GROUND 1

NONE QUALIFICATION OF 1ST RESPONDENT

The petitioners state that the 1st Respondent Matthew M. Omegara whose elections is being questioned was at the time of the election not qualified to contest in the election.

GROUND 2

That the election of the 1st Respondent as member representing Okigwe North Federal Constituency of Imo State in the Federal House of Representatives was invalid by reason of corrupt practices and substantial non-compliance with the provisions of the Electoral Act 2006.

GROUND 3

That the 1st Respondent was not duly elected by the majority of lawful votes cast at the election.

GROUND 4

That the 1st petitioner who was validly nominated by the 2nd petitioner was unlawfully excluded from the elect…

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