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HON. CHUKWUMA UMEOJI & ANOR V. HON. EUCHARIA AZODO & ORS

(2011) JELR 48494 (CA)

Court of Appeal  •  CA/E/EPT/16/2011  •  16 Sep 2011  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Appearances
Dr. O.N. Ogbu with Tochukwu Odo (holds brief of Peter N. Eze) For Appellant Arthur Obi Okafor with C.I. Okafor for 1st Respondent.N.C. Nobis Elendu appears in person.Clem Ezike for the 4th Respondent (holds brief of Ejike Efobi for 3rd Respondent.H.N.C. Moghalu with P.E. Ikedigwe (Miss) for 5th Respondent. For Respondent

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the National and State Houses of Assembly Election Tribunal sitting in Awka, Anambra State, (coram U.B. Bwala J. Chairman; T.I. Cocodia J. member and M.A. Adeigbe J. member) delivered on the 19th July 2011 wherein the appellants petition was struck out.

The 1st appellant in this appeal had on the platform of the 2nd Appellant, All Progressives Grand Alliance. (APGA) contested in the election into the House of Representatives for the Aguata Federal Constituency held on the 9th April 2011 and 5th May 2011.

Upon the Result of the Election being declared, the 1st Respondent in this appeal who contested under the umbrella of the 4th Respondent (Peoples Democratic Party (PDP) was returned by the 5th Respondent as the winner of the election.

Being dissatisfied with the result as declared, the two appellants then filed a petition at the National and State Houses of Assembly Election Tribu…

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