APGA V. OHAKIM & ORS.

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- The Court of Appeal affirmed the tribunal’s decision that the election petition challenging the cancellation of the inconclusive 14/4/2007 Imo State gubernatorial election was incompetent, as no result or return was declared for that elec

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Suit Number:CA/PH/EPT/489/07

Judges:SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria CLARA BABA OGUNBIYI Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria

Counsel:Dr. Onyechi Ikpezu SAN;N.A. Nnawuchi,O.J. Nnadi,C.T. Okeke,E.E. Okemili,Enaba and (Mrs.);I.E. Iheawfa S.A. Okosa For Appellant Bon Nwakanma SAN;Chris Uche SAN.,J.T.U. Nwoduwu SAN;E.E. NwanonyeLivy Uzoukwu SAN;C.K. Uba Esq., For Respondent

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Imo State in Petition No.EPT/G/IM/94/2007 -ALL PROGRESSIVE GRAND ALLIANCE (APGA) v. CHIEF IKEDI G. OHAKIM and ORS. and judgment delivered on 13th September, 2007 wherein the lower Tribunal declared and rendered the petition against the election of the 14th April, 2007 incompetent.

Being dissatisfied with the said decision the appellant took out notice of appeal dated 2nd and filed 3rd October, 2007 wherein eight grounds of appeal were filed therein.

At the lower tribunal, the petitioner/appellant took out its petition on the 28th May, 2007 wherein it claims the following from the respondents on record as following:

"1. Declaration that the 2nd and 3rd Respondents have no statutory powers to cancel or nullify the result of the Governorship election held in Imo State on 14/4/07.

2. Declaration that the 2nd an…

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APGA
V.
OHAKIM & ORS.