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ONYEMA
V.
OGENE & ORS.

(2011) JELR 48493 (CA)

Court of Appeal 9 Sep 2011 Nigeria
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Case Details

Suit Number:CA/E/EPT/08/2011
Judges:ABUBAKAR JEGA ABDUL KADIR Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria SAMUEL E. OSEJI Justice of The Court of Appeal of Nigeria
Counsel:C. Chuma Oguejiofor,N. Aroh For Appellant A.C. Anaenugwu for the 1st RespondentErnest Nwoye forthe 2nd RespondentE. Odeh with E. Agboegbulem-Igbedion forthe 3rd-5th Respondents For Respondent

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A: (Delivering the Leading Judgment): This is an appeal against the Ruling delivered on 11/7/2011 by the National and State Houses of Assembly Election Tribunal, Awka Anambra State, (hereafter simply referred to as "the Tribunal") striking out Petition No. EPT/AN/NAE/HR/54/2911 on the ground that it lacks the jurisdiction to entertain the same as the Petition failed to comply with Paragraph 4(1)(c) of the 1st Schedule to the Electoral Act, 2010 (as amended). The Electoral Act 2010 (as amended) will hereafter be simply referred to as "the Electoral Act".

The Appellant as Petitioner instituted Petition No. EPT/AN/NAE/HR/54/2011 on 24/5/2011 before the Tribunal challenging the declaration and return of the 1st Respondent - Mr. Afam Ogene by the 3rd - 5th Respondents as the winner of the election to the National Assembly (Federal House of Representatives) for Ogbaru Constituency of Anambra State held on 9/4/2011; but which election, the 5th Respondent wr…

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