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CHUKWUEGBO
V.
AGU & ORS

(2015) JELR 40470 (CA)

Court of Appeal 24 Jul 2015 Nigeria
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Case Details

Suit Number:CA/EPT/E/02/2015
Judges:MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria
Counsel:Chuma Oguejiofor Esq.with F. C. Okeke Esq., Mrs N. F. Anyaegbunam, B. O. Nwanjoku, Esq., A. C. Nnam Esq., N. Ezema Esq., N. W. Ebobuike (Miss), G. N. Onovo Esq., Miss U. U. Ewenighi, A. T. Nwaka Esq. and Miss G. A. Obeneme For Appellant Prof. Agu Gab Agu with Obinna Onuigbo Esq., Eze Agu Esq. for the 1st respondentD. B. Arikpo, Esq., Emmanuel E. Ogbodu, Esq. for the 2nd and 3rd Respondents For Respondent

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On 18-4-2015, the appellant herein as petitioner filed an election petition commencing petition No. EPT/ENU/NASS/HR/09/2015 in the National and State Houses of Assembly Election Petition Tribunal of Enugu State at Enugu against the respondents herein, claiming for the following reliefs.

(A) A declaration of the tribunal that the 1st respondent who did not win majority of the votes cast in the primary election of the 4th respondent which primary had been held to produce the candidate of the same of the 4th respondent in the Election held on 28/3/2015 for Enugu North/Enugu South Federal Constituency Enugu State, was in the circumstances not qualified to contest in the election and that the return made in his favour as having won the election by the 3rd Respondent was invalid and a nullity.

(B) A declaration of the tribunal that having not won or secured majority of the votes cast in the said primary election of the 4th res…

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