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NWIBIE
V.
KWANEE & ORS.

(2003) JELR 44961 (CA)

Court of Appeal 20 Nov 2003 Nigeria
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Case Details

Suit Number:CA/PH/EPT/211/2003
Judges:SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria DAVID ADEDOYIN ADENIJI Justice of The Court of Appeal of Nigeria
Counsel:A. Amuda-Kannike, Esq For Appellant J.O. Ndu, Esq;Dr. T.C. Osanakpo,E. Ottih, Esq., For Respondent

ABOYI JOHN IKONGBEH, J.C.A(Delivering the Leading Judgment): The appellant herein and the 1st respondent were candidates at the election into the Rivers State House of Assembly to represent the Khana Constituency II. At the end of the exercise the 1st respondent was returned as duly elected. Aggrieved the appellant presented his petition to the National Assembly/Governorship and Legislature Houses Election Petitions Tribunal, sitting at Port Harcourt. After hearing evidence from the petitioner and his ten witnesses and from the nine witnesses who testified for the respondents, including the 1st respondent, the Tribunal dismissed the petition on the grounds that it "lacks merit and that all the allegations made therein against the respondents have been completely unsubstantiated."

Aggrieved, the petitioner has appealed to this Court. In the brief of argument filed on his behalf his counsel. Mr. A. Amuda-Kannike, formulated five issues for determination. The first second third and fift…

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