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BARRTSTER EMEKA WOGU v. ENWEREUZO EZE A. a.k.a. ANTHONY ENWEREUZO & ORS

(1999) JELR 43892 (CA)

Court of Appeal  •  CA/PH/EP/108/99  •  28 Apr 1999  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; MICHAEL EYARUOMA AKPIROROH JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

ABOYI JOHN IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal by the petitioner before the Imo/Abia States National Assembly Election Tribunal against the Tribunal's pre-mature termination of his petition. He lost the election into the House of Representatives to the 1st respondent. Dissatisfied with the results as declared by I. N. E. C., he filed his petition on the following two grounds:

"1. That the 1st Respondent whose election is hereby questioned was at the time of the election not qualified to or was disqualified from contesting the said election.

2. That the election was voided by corrupt practices and offences against the provisions of the enabling statue and by non compliance with the provisions of the enabling statute, which corrupt practices, offences and non compliance were orchestrated by then 1st respondent and condoned by the 2nd and 3rd respondents."

The facts supporting the two grounds are set out in Paragraphs 7(1) and 7(2) thus:

"1. DISQUALIFICA…

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