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AKUJAH & ANOR
V.
KWANDE & ORS

(2011) JELR 34636 (CA)

Court of Appeal 17 Nov 2011 Nigeria
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Case Details

Suit Number:CA/J/EP/HR/187/2011
Judges:CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria
Counsel:O.I. Olorundare, SAN with S.T. Ologunorisa, S.G. Odey, Polycap Al'mint, D.P. Dusu, V.Y. Kwon and J.Y. Gyang For Appellant Stephen ibyem, E.R. Emukpoeruo and C.O. Oguehi For Respondent

CLARA BATA OGUNBIYI, J.C.A (Delivering the Leading Judgment): On the 26th of April, 2011, the 3rd Respondent (INEC) conducted election into the Jos North/Bassa Federal Constituency into the House of representative where the 1st Petitioner, the 1st Respondent and others contested the election on the platform of their various political parties. At the conclusion of the election the 1st Respondent was declared and returned as the winner of the election with 163, 518 votes as against the 1st petitioner's 163, 225 votes. The petitioners were dissatisfied with the declaration and return and therefore filed this amended petition of 46 paragraphs. The ground of the petition is stated in paragraph 13 of the petition thus:

"Your petitioners aver that the ground of this petition is that the 1st Respondent Hon. Peter Akujah, was not duly elected by majority of lawful votes cast at the election to the membership of the House of Representatives for the Jos North/Bassa Federal constituency, Plateau …

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