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AGBAKWURU & ANOR
V.
IGBOKWE & ANOR

(2012) JELR 35241 (CA)

Court of Appeal 27 Feb 2012 Nigeria
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Case Details

Suit Number:CA/OW/EPT/45/2011(REASONS)
Judges:UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HARUNA M. TSAMMANI Justice of The Court of Appeal of Nigeria
Counsel:Chief M. I. Ahamba, SAN (E. N. Ichie Esq, C. C. Okoroafor Esq. and A. E. Anuforom (Miss) with him) For Appellant Sir Bon Nwakanma, SAN (B. I. O. Ojimadu Esq, G. O. Nwaebo Esq and Obinna John Agbaji Esq. with him) for the 1st Respondent.Dr. U. U. Chukwumaeze (L.C. Onumajuru Esq with him) for the 2nd Respondent. For Respondent

REASONS FOR JUDGMENT

HARUNA M. TSAMMANI, J.C.A.: This court pronounced judgment on this appeal on the 25th day of November, 2011. By that pronouncement, this appeal was adjudged to have merit and was consequently allowed. We equally exercised the special powers granted this court under section 16 of the Court of Appeal Act, 2004 to enter judgment on the merit of the petition, by annulling the election conducted by the 2nd Respondent on the 9th day of April, 2011, and consequently ordered a fresh election to be conducted within 90 days (ninety days) with the 1st Appellant as a candidate. We also reserved reasons to be given for the decision to a latter date. I now give those reasons hereunder.

The appeal emanated from the judgment of the National and State Assembly Election Petition Tribunal (now referred to as the "Tribunal") sitting at Owerri, Imo state. The Appellants in this appeal were the petitioners in the Tribunal, while the Respondents were the Respondents.

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