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UCHA
V.
ONWE & ORS.

(2011) JELR 46654 (SC)

Supreme Court 28 Jan 2011 Nigeria
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This case involves a petition filed by Dr. Emmanuel Onwe against Senator Julius Ali Ucha regarding the election for the Ebonyi Central Senatorial District. The petitioner claimed that the respondent was not qualified to contest the election

Case Details

Suit Number:SC.282/2010
Judges:FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MOHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
Counsel:Professor I.A. OkaforC.I. Okafor, N. Anawa For Appellant E. Mozie;I. Obidike,T. Mozie; I.S. Utuk For Respondent

F.F. TABAI, JSC (Delivering the Leading Judgment): The action which has culminated in this appeal before us was commenced at the National Assembly Governorship and Legislative Houses Election Petition Tribunal Abakaliki in Ebonyi State by way of a petition dated and filed on the 19th of May, 2007. The Petitioner, DR. EMMANUEL ONWE was the Appellant at the Court below and the 1st Respondent in this appeal before us. SENATOR JULIUS ALI UCHA was the 1st Respondent at the trial Election Tribunal and at the Court of Appeal. He is the Appellant in the appeal before us.

The grounds relied upon for the petitions were stated to be that:

"1. The 1st Respondent was at the time of the election not qualified to contest the election.

2. The petitioner was validly nominated but was unlawfully excluded fro m the election."'

The petitioner then proceeded to state the facts in support of the petition in 31 paragraphs. They run as follows:-

i) The Petitioner states that sometime in 2006, in preparation …

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