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INEC
V.
MBAWIKE & ORS

(2017) JELR 38291 (CA)

Court of Appeal 19 Jan 2017 Nigeria
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Case Details

Suit Number:CA/OW/EPT/SHA/5/2016
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Counsel:M. O. ADEWALE, ESQ. For Appellant CHIEF JERRY EGEMBA, WITH J. J. USMAN, ESQ., N. D. IWU (MRS), E. C. ODUNZE, ESQ. AND K. C. OKECHUKWU, ESQ., FOR 1ST RESPONDENTM.T. OHAKA, ESQ. FOR 2ND AND 3RD RESPONDENTS For Respondent

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This is an interlocutory Appeal against the Ruling of the National and State Houses of Assembly Election Tribunal, sitting in Owerri, in Suit (Petition) No. EPT/IM/SHA/RE/2/2016, CORAM; Hon. Justice A.G. Kwajafa (Chairman), Hon. Justice A.O. Ayoola (member 1), and Hon. Justice, D.H. Khobo (member 11), delivered 26/11/16.

The Ruling had obliged the Petitioner adjournment, giving her another opportunity to state her case, having failed to come to Court on 26/11/16, when the matter was earlier adjourned.

Following the re-run election of 23/7/16 and the ensuing supplementary election of 28/7/16 on the Mbano State Constituency, whereof the 3rd Respondents candidate (2nd Respondent) was declared a winner by the Appellant, 1st Respondent filed a petition at the Election Tribunal, claiming that the 2nd Respondent was not duly elected or returned; that he did not score the majority of lawful votes cast at the election; that she, 1st Res…

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