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EZEANI
V.
OKOSI & ORS

(1999) JELR 43562 (CA)

Court of Appeal 3 Mar 1999 Nigeria
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Case Details

Suit Number:CA/E/15/99
Judges:EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria
Counsel:C. O. Anah For Appellant Chudi Obieze Esq. - for the 1st RespondentM. C. Emengo (Mrs) D.D.C.L. Anambra State - for the 4th - 9th Respondents For Respondent
Other Citations:Ezeani v. Okosi (1999) 3 NWLR (Part 596)623

GALADIMA, J.C.A. (Delivering the Leading Judgment): The appellant in this case was a candidate at the election on 5th December, 1998 for the councillorship in the American Quarters Ward, otherwise known as Ward 4 under the platform of People's Democratic Party (P.D.P.). The 1st respondent stood the same election under the platform of the Alliance for Democracy (AD.) while the 3rd respondent stood the election under the platform of the Movement for Democracy and Justice (M.D.J.). 1st respondent having been declared and returned, the appellant was dissatisfied with the result and he filed a petition. But the Election Petition Tribunal struck out the petition on the ground that the appellant had failed to pay (sic) the necessary relevant statutory fees and thereby making the petition incompetent. Dissatisfied with this decision the appellant further appealed to this court on the following grounds:

Ground 1

The tribunal erred in law by holding that failure by the petitioner to pay in full…

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