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CHIJIOKE DONALD B. WILLIAMS V. ERNEST IFEANYI IBEJIAKO & ORS.

(2008) JELR 33546 (CA)

Court of Appeal  •  CA/PH/EPT/528/07  •  24 Apr 2008  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMED LAWAL GARBA JCA; TIJJANI ABDULLAHI JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A.(Delivering the Leading Judgment): The Appellant and 1st Respondent were candidates at the election conducted on the 21st of April, 2007 by the 2nd Respondent (Independent National Electoral Commission (INEC) to the House of Representatives, Federal Republic of Nigeria for the Owerri Federal Constituency, Imo State. The All Peoples Grand Alliance (APGA) and Peoples' Democratic Party (PDP) both registered political parties sponsored the Appellant and 1st Respondent respectively for that election at the end of which the latter was declared and returned as the winner. Being dissatisfied with the return, the Appellant on the 21st of May, 2007 filed an election petition before the Imo State Governorship and Legislative Houses Election Petitions Tribunal (hereinafter to be named lower Tribunal) questioning same on the grounds that -

(i) "The 1st Respondent was not duly elected by majority of lawful votes cast at the election;

(ii) The election was invalid by rea…

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