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OWANTA & ANOR
V.
INEC & ORS

(2011) JELR 45881 (CA)

Court of Appeal 1 Dec 2011 Nigeria
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Suit Number:CA/OW/EPT/12/2011
Judges:UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HARUNA M. TSAMMANI Justice of The Court of Appeal of Nigeria
Counsel:Prof. Yemi Osubajo (SAN), with Ikem Isiekwena (ESQ) and Fidel Albert (ESQ For Appellant Chief Adegboyega S. Awomolo (SAN), Dr. Livy Uzoukwu (SAN) with A. A. Kalu(ESQ), A. S. Kolawole (ESQ), and C. K. Uba (ESQ) for 1st respondent.Lateef O. Fagbemi (SAN), with Ukpai Ukairo (ESQ), Gab Igboko (ESQ), O. Dare (ESQ)and E. A. Esiaba (ESQ) for 2nd Respondent. Chief Wole Olanipekun (SAN) with UcheIhediwa (ESQ), Kenneth Ugwuokpe (ESQ) for 3rd Respondent. For Respondent

UWANI MUSA ABBA AJI, J.C.A (Delivering the Leading Judgment): This appeal stems from the judgment of the Governorship Election Petition Tribunal Sitting at Umuahia Abia State in Petition No. EPT/AB/G/16/2011 delivered on the 10th August, 2011 wherein the Tribunal dismissed the Appellant's petition against the return of the 3rd Respondent as the Governor of Abia State in the April 26th 2011 Governorship election.

The 1st Appellant herein, Emenike Owanta was a candidate of the 2nd Appellant, the Democratic Front for a Peoples' Federation at the election held on the 26th day of April, 2011. The 3rd Respondent, Theodore Orji contested the said election on the platform of the 2nd Respondent, Peoples Democratic Party (PDP). The 1st Respondent, Independent National Electoral commission (INEC) declared the 3rd Respondent, the winner of the election as having polled the highest number of votes cast at the election and returned him accordingly as the winner of the Governorship election of Abia …

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