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PDP
V.
OKOROCHA & ORS

(2012) JELR 35204 (CA)

Court of Appeal 24 Jan 2012 Nigeria
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- The People Democratic Party (PDP) filed a petition challenging the outcome of the governorship election in Imo State, Nigeria. - The appellant alleged that the election was not conducted in accordance with the law and that their candidate

Case Details

Suit Number:CA/OW/EPT/52/2011
Judges:TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria C. N. UWA Justice of The Court of Appeal of Nigeria PHILOMENA M. EKPE Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Counsel:Prof. Ilochi Okafor, SAN, with him are Awa Kalu, SAN, Joe Agi, SAN, chief Olusola Oke, Chief Ifeanyi Iboko, Mike Onyeka Esq. Kenechukwu Ajie Esq, Aisha Ali (Miss), N. Nwachukwu (Miss) and W.B. Musa (Miss) For Appellant Chief Adeniyi Akintola SAN, with him are J.A. Owonikoko, SAN Folashade Aofolaju, c.o.c. Emeka - Izima Esq, Nkem Ngozi (Mrs), J.O Aigbos (Miss), Oyelami Oladoyin (Miss) F.U. Adejoh Esq, Uju Nweka (Miss), C.I. Mbaeri Esq, and Alaeto Maxwell Esq for the 1st and 2nd Respondents.Dr. O. Ikpeazu SAN, with him are A.A. Auta Esq, P. Ozoi Lesike (Miss), and Mr. D.E. Daniel for the 3rd to 11th Respondents For Respondent

TIJJANI ABDULLAHI, J.C.A (Delivering the leading judgment): On the 6th January, 2012, when we delivered our judgment dismissing the preliminary objections and the appeal, we reserved our reasons for doing so to a later date. We now give our reasons.

The Appellant (People Democratic party) was the Petitioner at the governorship Election Petition Tribunal, Imo State (hereinafter referred to as Election Tribunal of Tribunal) holding at Owerri, Coram Hon. Justice E.N. Kpojime, Chairman; hon. Justice M.I. Sirajo, Member; and Hon Justice E.O Osinuga, member, having been dissatisfied with the outcome of the April 26, 2011 General Election for the Governorship seat of Imo State of Nigeria conducted by the 3rd Respondent, approached the said tribunal and filed a petition wherein she averred as follows;

"A. That the 1st Respondent was not duly elected by the majority of lawful votes cast at the election.

B. It was the petitioner's candidate Chief Ikedi Godson Ohakim that scored majority of the …

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