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NWAKANMA
V.
ABARIBE & ORS.

(2008) JELR 46972 (CA)

Court of Appeal 10 Dec 2008 Nigeria
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Case Details

Suit Number:CA/PH/EPT/220/2008
Judges:SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria
Counsel:AWA U. KALU, SAN with C.O. Nwaogu Esq, M.C. Okonkwo Esq, E. Apong Esq For Appellant ELDER C.A.N NWOKE UKWU ESQ with H. Balogu Esq, Chidi Nkalu Esq, L.T.C. Eruba Esq, F.I. Nwokeukwu (Mrs), and Emeka Eze Esq.M.O. ONYEKA ESQ with I.C. Dimiri Esq. and I. Nwigboko Esq. For Respondent

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): The Petitioner now the Appellant and the 1st Respondent both contested election to the seat of a Senator in the National Assembly for the Abia South senatorial District. In the said election that was held on 28/4/2007, the petitioner contested under the platform of Progressive Peoples Alliance (PPA) while the 1st Respondent contested under the platform of the peoples Democratic Party (PDP). After the election the 1st Respondent was declared the winner and thus returned. Aggrieved, the petitioner filed his petition at the Governorship/Legislative Houses Elections Tribunal sitting at Umuahia, Abia State on the following three main grounds:

1. That the 1st Respondent whose election is questioned was at the time of the election on 28th April, 2007, not qualified to contest the said election;

2. That the erection of the 1st Respondent was invalid by reason of corrupt practices and or non-compliance with the provisions of the Elec…

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