DAMWESH
V.
SER

(1998) JELR 79428 (CA)    
Court of Appeal  ·  22 Apr 1998 ·  Nigeria
 · 
Other Citations
Damwesh v. Ser (1998) 7 NWLR (Pt. 556) 170
CORAM
GEORGE ADESOLA OGUNTADE, J.C.A. (Presided), DENNIS ONYEJIFE EDOZIE, J.C.A., IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A.(Read the Leading Judgment)
Core Terms Beta
appellant
1st respondent
election
electoral officer
4th respondent
appeal
candidate
disqualification
law
reason
witnesses
abysmal handling of the election
appellant mr. francis damwesh
brother pats-acholonu j.c.a.
clearance
complete agreement
decision
decree no.
election appeal tribunal judgment
elections
end of the exercise
final list of candidates
final result
highest number of votes
inescapable belief
leading judgment
local government
local government election tribunal
main issue
name of mr. francis kwarpo dam
name of mr. francis kwarpo damwesh
necessary inference deductible
nomination form
onus of proof of disqualification
para
pats-acholonu
person
power
reasons
respect of any question
result of the election
returning officer
run of sequence of events
schedule
sections
state clearance committee of a candidate
states
thought procedure
true nature reason

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): The appellant and the 1st respondent representing CNC and UNCP parties respectively contested elections for the office of the chairmanship of Mangu Local Government Council. At the end of the exercise which took place on 15/3/97, although the appellant Mr. Francis Damwesh scored the highest number of votes of the five parties, the 1st respondent was announced as the winner. The reason adduced was that the appellant did not file any nomination form. For this reason given by NECON, the 1st respondent was announced as a winner. The appellant therefore lodged a petition with the Local Government Election Tribunal and lost. On appeal to the Election Appeal Tribunal judgment was entered in his favour.

I believe from the run of sequence of events, the main issue is whether the appellant was a lawfully nominated candidate. Now Para 6 of Schedule 4 made pursuant to Sections 63, 81 and 99 of the Decree No. 7 of 1979 states: "The Commission…

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