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CHUKWU
V.
IGWE & ORS

(1988) JELR 40183 (CA)

Court of Appeal 20 Oct 1988 Nigeria
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Case Details

Suit Number:CA/E/97/88
Judges:OLAJIDE OLATAWURA Justice of The Court of Appeal of Nigeria SYLVESTER UMARU ONU Justice of The Court of Appeal of Nigeria BRAIMAH AMEN OMOSUN Justice of The Court of Appeal of Nigeria
Counsel:Chief Bon Nwakanma (with him, Dr J.O. Akpojaro) For Appellant Dr A.N. Aguwa For Respondent
Other Citations:Chukwu v Igwe [1988] 4 NWLR (Pt.90)

OMOSUN, J.C.A. (Delivering the Leading Judgment): This is an appeal by the petitioner against the judgment and orders of PATS-ACHOLONU, J., sitting at the Mbano/Etiti High Court which judgment was delivered on 22nd February, 1988.

The appellant had filed an election petition in the High Court, Mbano Etiti in Suit No.HME/1/88 claiming as follows:

"Whereof your petitioner prays that it may be determined that the said M.O.B. Igwe was not duly elected/returned and that the said Cosmos C. Chukwu (appellant) was duly elected and ought to have been returned."

The grounds upon which the prayer is based are stated in paragraph 3 of the petition. They are as follows:

(a) that the first respondent was not duly elected by a majority of lawful votes at the election and/or

(b) that the petitioner was validly nominated but was unlawfully excluded from the election (in that the 2nd and 3rd respondents) refused to publish the score/result of the petitioner's election.

The 1st respondent filed a reply …

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