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…