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EJIOGU
V.
IRONA & ORS.

(2008) JELR 46998 (CA)

Court of Appeal 24 Apr 2008 Nigeria
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Suit Number:CA/PH/EPT/400/2007 (CON.)
Judges:SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Counsel:O. OKONI ESQ. (SAN) with K. C. OKEREKE & R. HASSAN AHMED ESQ. for the Appellant in Appeal No. CA/PH/EPT/400/07N. A. NNAWUCHI ESQ, - for the Appellant in Appeal No. CA/PH/EPT/464/07 For Appellant E- F. NJEMANZE ESQ. for the 1st Respondent in Appeal Nos. CA/PH/EPT/400/07 & CA/PH/EPT/464/07O. OKONI ESQ. (SAN) with K. C. OKEREKE & R. HASSAN AHMED ESQ. 2nd Respondent in Appeal No. CA/PH/EPT/464/07C. O. FAGBEMI ESQ., (SAN) with N.O.O. OKE ESQ (SAN) & C. O. AHUMIBE ESQ for the 8th Respondent in Appeal Nos. CA/PH/EPT/464/07 & CA/PH/EPT/400/07 For Respondent

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the Governorship and Legislative Houses Election Tribunal; Imo State delivered on the 24th August, 2007 in Petition No. EPT/NA/IM/01/2007 in respect of election into the House of Representatives for Ohaji/Egbema/Oguta/Oru West Federal Constituency held on 21st April, 2007.

The Appellant, who was the petitioner at the lower Tribunal and the 1st Respondent were among the candidates at the said election sponsored by their respective political parties, Labour Party (L P) and the People's Democratic Party (PDP). On the 22nd April, the Returning officer for the constituency, the 4th Respondent herein declared the result of the election as follows:-

(A) Alphonsus Gerald Irona - (1st Resp.)-108,389 votes

(B) Pascal Ikenna Ejiogu (Appellant) - 6,626 votes

(C) Nwauwa Chukwuma Ama - (APGA) 3,815 votes

(D) Dr. Ezeukwu Emmanuel - (AC) 1,979 votes.

The 1st Respondent was therefore returned by the 4t…

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