(1999) JELR 43886 (CA)    

Court of Appeal  ·  CA/PH/EP/68/99 ·  16 Mar 1999 ·  Nigeria
Other Citations
Agomuo v. Ogwuegbu [1999] 4 NWLR (Part 599)
Agomuo v. Ogwuegbu (1999) 4 NWLR (Pt. 599) 405
IGNATUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower tribunal
election tribunal
2nd respondents
3rd respondent
5th respondents
polling stations
preliminary objection
1st respondent
6th-10th respondents
cross appellant
10th respondents
3rd appellant
fresh elections
corrupt practices
local government
lower court
said election
5th december
9th respondent
above grounds of appeal
addresses of counsel
case of the petitioner
clear case
conclusion of the elections
criminal offence
grounds of disqualification
independent national electoral commission
leading judgment
learned counsel
majority of valid votes
notice of appeal
nullified scores
outcome of the election results
part of first respondent
part of the duty of a court
part of the judgment of the lower tribunal
platform of the peoples democratic party
relevant provisions of the decree no.
similar vein
such complaint
total votes
votes of the 1st respondent
weight of evidence

ADEREMI, J.C.A. (Delivering the Leading Judgment): The petitioner/cross-appellant under the platform of the Peoples Democratic Party (PDP) the 1st respondent/appellant under the platform of All Peoples Party (APP) contested for the Chairmanship of Ibitte/Uboma Local Government on the 5th December. 1998. At the conclusion of the elections, the results showed that the 1st respondent/appellant had a total votes of 10,158 while the petitioner/cross appellant scored 9,041. Accordingly, the. 1st respondent/appellant was declared as duly elected by the 9th respondent. Independent National Electoral Commission (INEC) the body statutorily charged with the function of conducting elections.

Dissatisfied with the outcome of the election results the petitioner/cross appellant challenged same on the grounds of disqualification on the part of first respondent, noncompliance under the relevant provisions of the Decree No. 36 of 1998 that the 1st respondent/appellant did not score majority of valid vo…

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