(1999) JELR 43828 (CA)    

Court of Appeal  ·  CA/PH/EP/81/99 ·  6 Apr 1999 ·  Nigeria
Other Citations
NWOKE v. EBEOGU [1999] 6 NWLR (Pt.606)
SYLVANUS ADIEWERE NSOFOR 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
1st respondent
2nd respondent
invalid votes
unit no. ab
4th respondents
presiding officers
returning officer
total votes
inec form ec 8a
serial no.
valid votes
affected polling stations
ballot papers
conducts of the presiding officers
nkata iii
polling stations
said polling unit
abia state house of assembly election
allegations of electoral malpractice
booth results
copy of inec form ec 8a
correct result of the election
decree no.3
exception of bayelsa state
few of the number
ground of fundamental incompetence of a petition
hearing of this petition lead evidence
hearing show
legislative houses election tribunal
main issue
paragraphs of the reply
peoples democratic party
peoples party
presiding officers of the polling units
questioned polling stations
receipt of the petition
relevant form ec8b
result form isiadu
result sheets form ec 8a
said polling stations
state houses of assembly
ward collation forms

AKAAHS, J.C.A.(Delivering the Leading Judgment): The main issue in this appeal is whether the allegations of electoral malpractice contained in paragraph 6, 6(a) - 6(j) of the petition were directed against the ward returning officer or the presiding officers of the polling units. The Tribunal in its Ruling dated 5/3/99 upheld the objection raised by the 1st respondent that the petition was incompetent and accordingly struck out on the ground that allegations contained in the petition were against the presiding officers who were not joined in the petition, the petitioner on the other hand maintained that the allegations were against the ward returning officer and evidence ought to have been taken before deciding on the Issue.

The facts leading to this appeal may be briefly stated as follows:-

On 9th January, 1999, with the exception of Bayelsa State, elections into the State Houses of Assembly and Governorship seats were held throughout the country, Abia State inclusive. In Umuahia Ea…

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