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MADUMERE & ORS
V.
NWOSU & ORS

(2009) JELR 40918 (CA)

Court of Appeal 31 Mar 2009 Nigeria
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Suit Number:CA/PH/EPT/227/2008 (CONSOLIDAT
Judges:SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Counsel:AWA U. KALU (SAN) with C. O. NWAOGU Esq. and N.C. OKONKWO for the Appellant in CA/PH/EPT/227/2008 and 3rd Respondent in CA/PH/EPT/227A/2008.I. IGBOKO Esq. with S. NWIGBOKE Esq. for the 3rd-147 the Respondents in CA/PH/EPT/277/2008 and 1st-144th Appellants in CA/PH/EPT/227A/2008. For Appellant AWA U. KALU (SAN) with C. O. NWAOGU Esq. and N.C. OKONKWO for the Appellant in CA/PH/EPT/227/2008 and 3rd Respondent in CA/PH/EPT/227A/2008.CHIEF HENRY BALOGU Esq. For the 1st and 2nd Respondents in the two consolidated appeals.I. IGBOKO Esq. with S. NWIGBOKE Esq. for the 3rd-147 the Respondents in CA/PH/EPT/277/2008 and 1st-144th Appellants in CA/PH/EPT/227A/2008. For Respondent

SULEIMAN GALADIMA, J.C.A. (Delivering the leading judgment): This is an appeal by the 1st Respondent (now the "Appellant") against the decision of the Abia State Governorship/Legislative Houses Election Tribunal (hereinafter referred to as the Tribunal sitting at Umuahia delivered on 5/2/2008. The Tribunal upturned the return of the Appellant who contested under the platform of the Progressive Peoples Alliance (PPA) as the winner of the election held on 12/4/2007 in respect of the UMUAHIA SOUTH STATE CONSTITUTENCY. The Tribunal below in its judgment held that the 1st Respondent (still 1st Respondent herein) who contested under the platform of the Peoples Democratic Party (PDP) won the majority of lawful votes cast at the said election and ordered his return as the winner of the election.

Aggrieved by the decision of the Tribunal the Appellant has thus appealed to this court. His amended Notice of Appeal contains EIGHT GROUNDS. In compliance with the Practice Directions No.2 of 2007, b…

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