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BANIGO & ANOR
V.
PEPPLE & ORS

(2011) JELR 40150 (CA)

Court of Appeal 13 Oct 2011 Nigeria
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Suit Number:CA/PH/EPT/19/2011
Judges:MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:MR. C.C. EZE For Appellant MR. O.W. PEPPLE with N.C.O. GABRIEL for the 1st Respondent.MR. I. WODI for the 3rd-5th Respondents. For Respondent

PAUL ADAMU GALINJE, J.C.A (Delivering the Leading Judgment): The 1st Appellant herein was a candidate sponsored by the 2nd Appellant, a political party in an election which was conducted, by Independent National Electoral commission to elect a member for Bonny state constituency into Rivers State House of assembly.

Several other political parties sponsored candidates in the same election. One of those candidates is the 1st Respondent who was sponsored by the 2nd Respondent.

At the end of the election, the 1st Respondent was declared the winner and therefore returned as member representing Bonny state constituency in the Rivers state House of Assembly. The Appellants are dissatisfied with the declaration and return. By a petition dated 17/05/2011 and filed on the 18/05/2011, they challenged the result of the election at the National and State Houses of assembly election Petition Tribunal Holden at Port Harcourt. Notice of presentation of the petition was served on the 3rd - 5th respon…

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