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EZE
V.
OKOLOAGU & ORS.

(2009) JELR 47464 (CA)

Court of Appeal 9 Jul 2009 Nigeria
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- The appellant is challenging the nullification of their election and the order for a fresh election. - The appellant has raised several issues for determination, including the reliance on certain exhibits, the evaluation of evidence, and

Case Details

Suit Number:CA/E/EPT/1/2008
Judges:MOHAMMED L. TSAMIYA Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria ALFRED P. EYEWUMI AWALA Justice of The Court of Appeal of Nigeria
Counsel:Dr. Onyechi Ikpeazu (SAN) (with) C.J. Aneke For Appellant Chief M.E. Eze (with) Ben C. Ezugwu Esq.,G.O. Okafor (SAN) with Agbowo For Respondent

MOHAMMED L. TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly/Governorship/Legislative Houses Election Petition Tribunal (herein referred to as the Tribunal) sitting in Enugu. The judgment was delivered on 11/12/2007, when the election of the 1st respondent (herein referred to as the Appellant) was nullified and INEC (herein referred to as the 2nd respondent) was ordered to conduct a fresh election within three months. (See p.413 to 421 of the record).

Being dis-satisfied with the said judgment the Appellant appealed to this Court of Appeal on 11 grounds of Appeal. The Notice and Grounds of Appeal is at pages 472-482 of the records.

From the 11 grounds of appeal, the Appellant in his Brief of arguments formulated the following issues for determination in this appeal:

1. Whether the Honourable Tribunal was right in relying on Exhibits 1, 2,3,4,5,6,7,8,9, 10, 11. 12 and 14, 14A and 14B in nullifying the election of the A…

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