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MADUEKWE
V.
OKOROAFOR & ORS

(1992) JELR 43175 (CA)

Court of Appeal 11 Nov 1992 Nigeria
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- Appeal dismissed; tribunal's dismissal of the election petition affirmed as no substantial non-compliance with the Electoral Decree No. 18 of 1992 or miscarriage of justice was established. - The 7th respondent was a competent witness, bu

Case Details

Suit Number:CA/PH/EP/8/92
Judges:REIDER JOE JACKS JCA EMMANUEL TAKON NDOMA-EGBA JCA ALOMA MARIAM MUKHTAR JCA SUNDAY AKINOLA AKINTAN JCA RABIU DANLAMI MUHAMMAD JCA
Counsel:Chief Debo Akande, S.A.N. (with him, U.N. Udechukwu, C.H. Chukwu and I. Duru) For the Appellant; J.H.C. Okolo. S.A.N. (with him, I. Ahamba, S.A.N., E.O. Osudis and Mrs. Okolo); Chief Theo Nkire (with him, C.O. Nwaoku) For the Respondent.
Other Citations:Maduekwe v. Okoroafor (1992) 9 NWLR (Pt.263)

MUKHTAR, J.C.A. (Delivering the Leading Judgment): The case for the petitioner/appellant in the National Assembly Election Tribunal of Abia State were as follows: The petitioner was a candidate under the platform of the Social Democratic Party at the Aba Central Senatorial District Election held on 4/7/92, whilst the 1st respondent was a candidate of the National Republican Convention in same.

The 2nd - 7th respondents were officials involved in the election exercise.

The 1st respondent won by a slim majority of 1530 votes, his total votes being 63,808, and that of the petitioner 62,278.

The figures were arrived at after a reconstruction or recollection of the Arochukwu Local Government Area results four days after the election following allegation of rigging in the wards. The 2nd respondent constituted a committee for the purpose of the above, for which a report was written, but the recommendation for another election in that Local Government in that report was rejected, as the resu…

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