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Osakwe v I. N. E. C.

(2005) JELR 53886 (CA)

Court of Appeal 24 Feb 2005 Nigeria
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Suit Number:CA/E/EPT/4/2004
Judges:OLUFUNLOLA OYELOLA ADEKEYE JCA (Presided) WALTER SAMUEL N. ONNOGHEN JCA (Read the Lead Judgment) ISTIFANUS THOMAS JCA
Counsel:Chief C. Ikeazor SAN - for the Appellant . Charles C. Okaa Esq. - for the 1st - 4th Respondents . -*- Dr. Onyechi Ikpeazu SAN (with him, U. I. Igweneme and O. Nzeka) - for the 5th Respondent .

ONNOGHEN JCA(Delivering the Lead Judgment): This is an appeal against the judgment of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal, Anambra State of Nigeria delivered on the 28th day of October, 2003, in petition No. EPT/AN/HA/70/03 in which it dismissed the petition of the appellant against the return of the 5th respondent as the duly elected member of Anambra State House of Assembly representing Dunukofia Local Government Area Constituency following an election conducted on the 3rd day of May, 2003. It is the case of the appellant that he was nominated by the Peoples Democratic Party a.k.a. PDP as its candidate for the Anambra State House of Assembly election of 3/5/03 in Dunukofia Constituency. That his name along with other PDP candidates, was forwarded to the 1st respondent as candidate for that election. That following the receipt of the list containing the name of the appellant, the 1st respondent, also known as INEC duly published the …

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