(1999) JELR 43823 (CA)    

Court of Appeal  ·  CA/PH/EP/69/99 ·  18 Mar 1999 ·  Nigeria
Other Citations
NJOKU v. OSIMIRI (1999) 5 NWLR (pt.601)
Njoku v. Osimiri (1999) 5 NWLR (Pt. 601) 120
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
exhibits p3
presiding officer
1st respondent
eziudo ward
returning officer
valid votes
demeanor of the witnesses
evaluation of evidence
evidence of the presiding officer
lower tribunal
return of the respondent
said election
umuzu booth
wrong inference
appellant argued issues
appellate courts
booth f3
cold printed records
democratic party
final score
form ec 8a
learned counsel
local government area of imo state
local government elections
notice of appeal
original copy of exhibits p3
original copy of form ec 8a
particular regard
peoples party
probative value
proper evaluation of the evidence of r.w.3
reply brief
result exhibit p3
result of the cancellation of the votes
testimony of p.w.2
total number of votes case
total score
trial courts
unit no.f3
upset findings of fact

AKAAHS, J.C.A. (Delivering the Leading Judgment): The appellant and the petitioner/respondent were the only candidates that contested for the councillorship seat in Eziudo Ward 6, Ezinihitte Local Government Area of Imo State during the Local Government elections held on 5th December, 1998. The petitioner/respondent contested the said election on the platform of people's Democratic Party (PDP) while the appellant was the candidates for the All Peoples Party (A.P.P). There were 16 polling booths in ward 6 but the results which were announced by the returning officer covered only 15 booths. The A.P.P. candidate was returned as the winner with 1,538 votes while the P.D.P. candidate was credited with 1,326 votes. The 1,326 votes came about as a result of the cancellation of the votes at Umuzu square polling unit No.F3 which was won by the petitioner/respondent. He was recorded as having scored 229 valid votes. The total number of votes case in Umuzu square were 234 but only 5 were voided.…

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