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SHULUWA & ANOR
V.
AYE & ORS

(2015) JELR 40358 (CA)

Court of Appeal 7 Nov 2015 Nigeria
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Suit Number:CA/MK/EP/SH/19/2015
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria
Counsel:T. D. Pepe, Esq. For Appellant A. I. Wombo, Esq. with him, T. T. Shachia, Esq, for 1st and 2ndRespondentsM.O. Ogwuche, Esq, (holding the brief of Ayo Omolenupen, Esq.) for3rd Respondent For Respondent

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal queries the correctness of the decision of the National and State Houses of Assembly Election-Tribunal of Benue State, sitting in Makurdi (hereunder called "the trial Tribunal"), coram judice, M. A. Dipeolu, J. (Chairrnan), U. Abubakar, J.(Member) and M. B. wakili, J. (Member), in Petition No. EPT/BEN/SH/09/2015, delivered on 11th September, 2015. Before the trial Tribunal, the appellants were ,the petitioners whilst the respondents maintained their respondents' position herein.

The facts of the petition, which transformed into the appeal, are amenable to briefness and easy appreciation. The third respondent, the Independent National Electoral Commission (INEC, for short), a body constitutionally assigned the herculean responsibility of organizing elections in Nigeria, conducted an election into the office of a member representing Katsina-Ala West State Constituency in the House of Assembly of Benue State on …

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