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EJIOGU
V.
ONYEAGUOCH & ORS

(2005) JELR 45316 (CA)

Court of Appeal 15 Jul 2005 Nigeria
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- This is an appeal against the judgment of the National Assembly/Governorship/Legislative Houses Election Tribunal in Nigeria. - The appellant's petition was dismissed, affirming the election of the 1st respondent as the Member representin

Case Details

Suit Number:CA/PH/EPT/246/2004
Judges:VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Counsel:Mr. O. Akoni for the appellant with him MessrsT. Oshobi, A. Oguntoye and P. Michael. For Appellant Mr. Livy Uzoukwu, SAN with himMr. C. E. Udumaga,Mrs. B. O. Tedeye For Respondent

PIUS OLAYIWOLA ADEREMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly/Governorship/Legislative Houses Election Tribunal holden at Owerri, Imo State of Nigeria delivered on the 11th of August 2004 whereby the appellant's petition was dismissed thus, affirming the election of the 1st respondent as the Member representing the Owerri Federal Constituted at the House of Representatives of the Federal Republic of Nigeria. The petitioner/appellant had laid before the lower tribunal the following prayers:

(1) that it may be determined that the 1st respondent was not qualified to contest the election and that the petitioner won same having scored the highest number of lawful vote among the qualified candidates; and

IN THE ALTERNATIVE:

(a) That it may be determined that the petitioner instead of the 1st respondent won the election by majority of lawful votes at the election and ought to be returned; AND STILL IN THE ALTERNATIVE:

(b) th…

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