(1999) JELR 43859 (CA)    

Court of Appeal  ·  CA/PH/EP/48/99 ·  13 Mar 1999 ·  Nigeria
Other Citations
Emerenini v. Osuagwu (1999) 4 NWLR (Part 598)
Eboh v. Ogujiofor (1999) 3 NWLR (Pt. 595) 419
Emerenini v. Osuagwu (1999) 4 NWLR (Pt. 598) 221
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
local government
achara ward
local government area
obowo local government area
returning officer
exhibits p8
first question
home base
office of chairman of obowo
5th respondents
achara ward of obowo
appellant of a.d.
basic constitution
chairmanship seat of obowo
chief u. n. udechukwu
contempt of the imo state high court
contemptuous conduct
councillorship elections
decision of the imo state local government election tribunal
declaration of scores of candidates
existence of the orders inec
first order
following facts
high number
imo state high court
learned s.a.n
live grounds of appeal
local government elections
majority of valid votes
majority of votes
meat of the case of the 1st respondent
only reasonable order
peoples democratic party
political parties
return date
returning officers
second issue
second order
short address
spite of exhibit r2
third restrained inec
transitional provisions

IKONGBEH, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Imo State Local Government Election Tribunal, sitting at Owerri. The appellant was the 1st respondent before the tribunal. The 1st respondent herein was the petitioner. The Electoral and Returning Officers for Obowo Local Government Area, the Returning Officer for Umuariam/Achara Ward in Obowo Local Government Area, and I.N.E.C. were, respectively, the 2nd - 5th respondents before the tribunal. They still maintain their positions as respondents before us.

Although the appellant tiled live grounds of appeal, his complaints can be resolved into only two complaints, as the appellant's counsel, Chief U. N. Udechukwu, SAN, neatly did resolve them in his brief of argument The 1st respondent's and 2nd-5th respondents' respective three issues formulated each boil down to these same two questions.

The first question is, was the tribunal justified in ordering a bye-election in Umuariam/Achara Ward of…

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