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ADIGHIJE
V.
NWAOGU & ORS

(2010) JELR 33764 (CA)

Court of Appeal 29 Mar 2010 Nigeria
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- The case concerns an appeal against the National Assembly/Governorship Election Petition Tribunal’s decision in Umuahia, Abia State (24/10/08), which had dismissed the appellant’s challenge to the election results based on the allegation

Case Details

Suit Number:CA/PH/EPT/667/2008
Judges:ABUBAKAR JEGA ABDUL-KADIR JCA HELEN MORONKEJI OGUNWUMUJI JCA MOJEED ADEKUNLE OWOADE JCA
Counsel:A. O. Obianwu, SAN, with him, M.C. Ogunji, Esq. and E. U. Echefu, Esq. For the Appellant; Chief Wole Olanipekun, SAN with him M. O. Onayeka Esq., M. U. Nwokocha-Ahaiwe, Esq., K. Akingbolu, Esq., I. A. Nwabughogu, Esq., M. N. Eteri and J. Ugbogu, Esq. for the 1st Respondents; L. T. C. Erubo, Esq. with him, Emeka Eze, Esq. for the 2nd-10th Respondents.

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is appeal against the judgment of the lower Tribunal sitting in Umuahia, Abia State delivered on 24/10/08 dismissing the petition of the Appellant. There are some facts which should highlighted: The 1st Tribunal on 26/11/07 had dismissed the petition in limine for non joinder of parties, an issue on which it had previously made a contrary ruling. The Court of Appeal in its judgment dated 14th May, 2008 reversed the decision of the Tribunal on this ground and because the Tribunal did not make a finding on the merit of the petition, sent the petition back to a reconstituted Tribunal to determine the petition based on the issues joined by the parties in respect of paragraphs 17 - 20 of the petition. To put it succinctly, the new Tribunal was to determine:

"the question whether or not election was conducted in Osisioma Ngwa Local Government Area on 28th April, 2007 as pleaded in paragraphs 17, 18, 19 and 20 of the …

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