N.E.C.
V.
UBOH

(2000) JELR 51072 (CA)    

Court of Appeal  ·  CA/E/127/96 ·  31 Oct 2000 ·  Nigeria
 · 
Other Citations
N.E.C. v. Uboh (2001) 3 NWLR (Pt. 701) 476
CORAM
DENNIS ONYEJIFE EDOZIE, JCA (Presided ) OKWUCHUKWU OPENE, JCA (Read the Lead Judgment) SIMEON OSUJI EKPE, JCA
Core Terms Beta
jurisdiction
respondent
election
court
national assembly election tribunal
trial court
chief electoral officer
national assembly
high court
transitional provisions
decree no.
respondent’s action
said election
general damages
additional grounds of appeal
decision of the chief electoral officer
lead judgment
national assembly election
learned trial judge
lower court
national assembly elections
original grounds of appeal
akwa ibom state
akwa ibom state list of the contestants
appellant’s chief electoral officer
appellant’s state office
appellant state office
briefs of argument
clear language
combined effect of sections
common law
contest of an election
court lacks jurisdiction
facts of the present case
following cases
following remarks
full trial
high court of akwa ibom state
issues of disqualification of the respondent
matter a
military regime
name of the respondent
national republican convention candidate
plaintiff claims
platform of the social democratic party
reason given
subject matters
validity of nomination of the respondent

OPENE, JCA (Delivering the Lead Judgment): The facts of the present case are that in 1992, the respondent sought to contest the National Assembly election which the appellant had the authority to organise under the NationalAssembly (Basic Constitutional and Transitional Provisions) Decree No. 18 of 1992. The respondent was cleared by the appellant state office at Uyo, Akwa Ibom State to contest the election. However, this preliminary clearance was subject to the final confirmation by the appellant’s chief electoral officer at its headquarters at Abuja. The Akwa Ibom State list of the contestants, which had the name of the respondent, was sent to Abuja, but when the final list was sent to Uyo, it was found that the respondent was disqualified from contesting the election.

The appellant’s state office, believing that it was a mistake, made all efforts to have the respondent cleared but the headquarters insisted that therespondent was disqualified and the reason given was that the respo…

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