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UZODINMA
V.
IHEDIOHA

(2020) JELR 86967 (SC)

Supreme Court 14 Jan 2020 Nigeria
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- The appellants (Hope Uzodinma and APC) challenged the return of the 1st respondent (Emeka Ihedioha/PDP) as winner of the Imo State Governorship Election (Imo, 8 March 2019), alleging exclusion of results from 388 polling units where the a

Case Details

Suit Number:SC. 1462/2019
Judges:IBRAHIM TANKO MUHAMMAD CJN NWALI SYLVESTER NGWUTA JSC OLUKAYODE ARIWOOLA JSC KUDIRAT M. O. KEKERE-EKUN JSC AMISU SANUSI JSC AMINA ADAMU AUGIE JSC UWANI MUSA ABBA AJI JSC
Counsel:D.D. Dodo SAN, Chief Olusola Oke, SAN Abdul Ibrahim, SAN, Chief A.O. Ajana, SAN (with them, Chief C.O.C. Akaolisa, Esq.) for the Appellants. Dr. Onyechi Ikpeazu, SAN, J.T.U. Nnodum, SAN, Emeka Okpoko, SAN, Bode Olanipekun, SAN (with them, A.S. Ogujiofor, Esq.) for the 1st Respondent. K.C.O. Njemanze, SAN, Chief C.U. Ekomaru, SAN, Emeka Etiaba, SAN and L.M. Alozie, SAN (with them, L.A. Njemanze, Esq.) for the 2nd Respondent. Aham Eke Ejelam, SAN, J.O. Asoluka, SAN, (with them, C.O. A Ahumibe, Esq., C.U. Onyeukwu, Esq. and C.C. Chikere, Esq.) for the 3rd Respondent.

KEKERE-EKUN JSC (Delivering the Lead Judgment): The 1st appellant and the 1st respondent were candidates of the 2nd appellant (APC) and the 2nd respondent (PDP) respectively in the Governorship election conducted in Imo State on 8 March 2019 along with 68 other candidates. The 1st respondent was returned as the winner of the election. The 1st appellant was dissatisfied with the return of the 1st respondent and filed a petition challenging the said return on two grounds:

(a) The 1st respondent was not validly elected by majority of lawful votes cast and

(b) The declaration and return of the 1st respondent is invalid by reason of non- compliance with the Electoral Act.

He sought several reliefs including the nullification of the 1st respondent’s return and the declaration of the 1st appellant as the winner of the said election. It was the appellant’s contention, inter alia, that election held in 27 Local Governments Area, 305 electoral wards and 3,523 polling units. That the 3rd respond…

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