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AFRICAN ACTION CONGRESS & ANOR
V.
HON. MICHAEL O. CHINDA & ORS

(2019) JELR 87176 (CA)

Court of Appeal 17 Dec 2019 Nigeria
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Suit Number:CA/PH/EPT/SHA/565/2019
Judges:ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Counsel:N.O. Akpuruvweku...........................................................................................................For Appellant O. Wali SAN, with him, C. Omereji, S.A. Ebiki and C.J. Aleru...................... For 1st Respondent. A.A. Abo, with him, C.E. Nwokorie, P. Bereiweriso and P.E. Nnakwu.................................. For 2nd Respondent. O.C. Chikwe for 3rd Respondent. Abraham Lincoln A. Mathew for 4th Respondent.For Respondent(s)

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the National And State Houses of Assembly Election tribunal, holden at Port Harcourt delivered on 18th October, 2019, Coram Hon. Justice G.K. Kaigama (Chairman), Hon. Justice O.J. Bamgbose (Member I), and Hon. Justice Abdulkadir (member II) wherein the Election Petition filed by the Petitioners was dismissed.

The Appellants who were the petitioners at the election tribunal had challenged the declaration and return of the 1st respondent as the winner of the election into the member, House of Assembly Constituency 2 seat of the Obio/ Akpor Local Government Area Constituency two of Rivers State. The election was conducted by the 3rd Respondent and the 1st Respondent was sponsored by the 2nd Respondent as its candidate. Dissatisfied with the said declaration and return of the 1st Respondent, the Appellants filed petition No. EPT/RS/SHA/08/2019 at the tribunal on 23/4/19 and after hearing …

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