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AKUNYILI & ANOR
V.
NGIGE & ANOR

(2012) JELR 39476 (CA)

Court of Appeal 26 Mar 2012 Nigeria
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- The Appellants filed an election petition on 17/5/2011 challenging the return of the 1st Respondent as Senator for Anambra Central, seeking to nullify the result on grounds of lack of majority of lawful votes and non-compliance with the E

Case Details

Suit Number:CA/E/EPT/8/2012
Judges:AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ADAMU JAURO Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI Justice of The Court of Appeal of Nigeria OSEJI Justice of The Court of Appeal of Nigeria
Counsel:O.A. Obianwu, SAN,H.C. Onwuegbuke;G.B. Obi;T.U. Oguji; andN.R. Owoh (Miss) For Appellant Emeka Ngige (SAN),B.N. Nwachukwu (Mrs.);Ngozi Udodi (Ms);Bona Oraekwe;P.E. Okoye;C.F. Odigbo (Miss);S.N. OgarO.J. Nnadi (SAN),S.O. Ibrahim (CLO, INEC);O. Ikoroha (SLO, INEC);F.U. Abazuonu; and B. Fakoya (Miss) For Respondent

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling delivered on 21/2/2012 by the National and State Houses of Assembly Election Tribunal, Awka, Anambra State (hereafter simply referred to as "the Tribunal"), striking out the Appellant' Petition No. EPT/AN/NAE/SE/26/2011 hereinafter simply referred to as "the Petition") on the ground that the Tribunal no longer had the jurisdiction to continue to adjudicate on the Petition which had already over spent its constitutional 180 days from the date it was filed -i.e. 17/5/2011.

The Appellants as Petitioners instituted the Petition on 17/5/2011 before the Tribunal challenging the declaration and return of the 1st Respondent as the winner of the election to the Senate of the Federal Republic of Nigeria for Anambra Central Senatorial District held on 9/4/2011 with a re-run into some Wards and Polling Units held on 26/4/2011. The 1st Appellant contested the questioned election on the platfo…

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