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KALU IGU UDUMA V. PRINCE ARUA ARUNSI & 14 ORS

(2010) JELR 33762 (CA)

Court of Appeal  •  CA/PH/EPT/177/08 (Consol.)  •  29 Jun 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 a judgment in respect of two appeals consolidated in compliance with paragraph 46 of the Electoral Act 2006. The first Appeal CA/PH/EPT/128/08 is an appeal against the judgment of the Election Petition Tribunal delivered on 14/12/07 wherein the Tribunal upheld the petition of Prince Arua Arunsi of the Progressive Peoples Alliance and declared him as the candidate who scored the highest lawful votes of 48,652 as against the Kalu Igu Iduma of the Peoples Democratic Party who was returned by INEC and declared to have scored 46,368 votes.

The Tribunal nullified the INEC return of Kalu Igu Iduma of the PDP and accordingly declared and returned Prince Arua Arunsi (now Respondent) as the duly elected member of the House of Representative for the Arochukwu/Ohafia Federal Constituency.

The second Appeal CA/PH/EPT/177/08 is an appeal arising from the judgment of the Election Petition Tribunal delivered on 19/2/08. The …

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