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APC
V.
MBAWIKE & ORS

(2017) JELR 40025 (CA)

Court of Appeal 9 Jan 2017 Nigeria
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Case Details

Suit Number:CA/OW/EPT/SHA/4/2016
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Counsel:CHIEF H.N. DUROHA WITH AMARACHI OGAZI (MRS.) For Appellant J.J. USMAN ESQ, WITH N.D. IWU (MRS.) FOR 1ST RESPODENTWALE OLAJIDE ESQ FOR 2ND RESPODENTJ.O. EMELIKE ESQ WITH H.U. UDENSI ESQ FOR 3RD RESPODENT For Respondent

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This is an interlocutory Appeal against the two Rulings of the National and State Houses of Assembly Election Tribunal, sitting in Owerri, in Suit (Petition) No. EPT/IM/SHA/RE/2/2016, CORAM; Hon. Justice A.G. Kwajafa (Chairman) and Hon. Justice A.O. Ayoola (member 1), delivered 11/11/16 and 14/11/16, respectively.

The first Ruling had allowed the Petitioner to amend the petition to correct clerical or typographical errors, while the 2nd Ruling adjourned all objections to the petition to be taken along with the substantive petition, considering the fact that 86 days had already been expended on the petition.

Following the re-run election of 23/7/16 and the ensuing supplementary election of 28/7/16 on the Mbano State Constituency, whereof the Appellants candidate (3rd Respondent) was declared a winner by the 2nd Respondent, 1st Respondent filed a petition at the Election Tribunal, claiming that the 3rd Respondent was not duly elec…

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