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EZEA
V.
STATE

(2014) JELR 36436 (CA)

Court of Appeal 3 Jul 2014 Nigeria
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- The appellant was the gubernatorial candidate of the Labour Party in the governorship election in Enugu State in 2007. - The appellant filed a petition to challenge the election result. - While the petition was pending, the appellant was

Case Details

Suit Number:CA/E/303/2010
Judges:EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSAINI Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:I. Aroh - Appellant with F. C. Okeke and C. Udeogarannya B. O. Njokufor For Appellant J. H. C. Okolo, SAN For Respondent

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the leading Judgment): The appellant in this appeal was the gubernatorial candidate of the Labour Party in the governorship election held in Enugu State on 14th April, 2007. He lost in the election; Sullivan Chime was declared the winner of that election. The appellant filed a petition to challenge the result of the election as declared by the Independent National Electoral Commission. While the petition was pending, the appellant was suspected of having committed a crime. The Police investigated the allegation against the appellant, prepared the case file and sent it to the Director of Public Prosecutions by a letter dated 4th August 2007. An information was filed against the appellant on 13th August, 2007 in the High Court of Enugu State, Holden at Enugu containing eight count charge of forgery, uttering and assault contrary to and punishable under sections 252, 443 and 444 and of the Criminal Code, Cap 30, Volume 11, Laws of Enugu …

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