(1999) JELR 43824 (CA)    

Court of Appeal  ·  CA/PH/EP/71/99 ·  18 Mar 1999 ·  Nigeria
Other Citations
Ihute v. I.N.E.C [1999] 4 NWLR (pt.599)
Ihute v. I.N.E.C. (1999) 4 NWLR (Pt. 599) 360
ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial tribunal
4th respondent
electoral materials
day of the election
first issue
local government area
substantial irregularities
brief of argument
conduct of the elections
evidence of rw1
exhibits h-h13
reasonable doubt
3rd respondents
aforesaid election results
allegation of non-compliance
allegations of commission of crimes
appeal court
appellant nnamdi ihute
ballot papers
chairmanship election
credible evidence
decision of election tribunal
election petition
evidence of the appellant
heavy burden
local government
ministry of justice
mr. aguma
mr. godwins
much reliance
oyigbo local government council area
port harcourt rivers state
probative value
results of the said ward
rivers state
serial numbers of ballot papers
state counsel
validity of the election
winner of the election

AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Election Tribunal sitting at Port Harcourt Rivers State delivered on 12th February, 1999. The petitioner/appellant Nnamdi Ihute contested the chairmanship election in Oyigbo Local Government Council Area with Bright Jacob Onyebuchi, the 4th respondent under the platform of Peoples Democratic Party (PDP) and All Peoples Party (APP) respectively.

At the end of the polls, the 4th respondent scored 16,103 votes while the petitioner scored 13,698 votes, the 4th respondent was declared the winner of the election.

Aggrieved by the aforesaid election results, the petitioner/appellant petitioned to the trial tribunal challenging the validity of the election on two grounds.

They are:-

(a) That election in ward 2 of the Local Government Area was not conducted in substantial compliance with the law. and

(b) That the 4th respondent was not duly elected by a majority of lawful votes cast at the election.…

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