(1988) JELR 40183 (CA)    

Court of Appeal  ·  CA/E/97/88 ·  20 Oct 1988 ·  Nigeria
Other Citations
Chukwu v Igwe [1988] 4 NWLR (Pt.90)
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
Core Terms Beta
learned trial judge
okata ward
1st respondent
electoral officer
2nd respondent
nomination paper
first respondent
list of candidates
local government elections
said election
state electoral commission
3rd respondents
appellant lives
certificate of valid nomination
election petition
etiti high court
local government elections decree no.
majority of lawful votes
authority of the state electoral commission
brother omosun
chief bon nwakanma
common ground
disconnection of light
disqualified candidates
disqualified person
documentary evidence
duties of the electoral officer
evidence of objection
finding of the learned trial judge
following grounds
high court
income tax
issue of residency qualification
leading judgment
learned trial judge right
local government area of imo state
national electric power authority
only qualified candidate
place of business
proper form
provisions of the local government elections decree
question of fact
said cosmos c. chukwu
said m.o.b. igwe
sawyer v kropp
set of circumstances

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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