(1999) JELR 43894 (CA)    

Court of Appeal  ·  CA/PH/EP/142/99 ·  31 May 1999 ·  Nigeria
Other Citations
Nze v. Nwaeze (1999) 13 NWLR (Pt. 635) 396
MICHAEL EYARUOMA AKPIROROH 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
1st respondent
presiding officer
preliminary objection
presiding officers
2nd respondent
local government
name of the occupier
decree no.36
lead judgment
name of the occupier of the address
necessary parties
notice of appeal
proper parties
appeal no. ca
brief of argument
competency of the petition
conduct of an electoral officer
electoral forms
federal board of inland revenue
ruling of the tribunal
said election
ward collation centres
briefs of argument
conduct of the presiding officer
election question
end of the election
following responsibilities
form ec8b
form ec 8c
forms ec8a
independent national electoral commission
instant case
leading judgment
learned chief justice of nigeria
oru ward
present appellant
public service
relief paragraph
returning officers
second election
second petition no. legp
state of affairs
various wards
ward returning officer
written consent of the attorney-general of the state

AKAAHS, J.C.A. (Delivering the Leading Judgment): The race for the Chairmanship of Oguta Local Government Council of Imo State has been a ding-dong battle between the present appellant and the 1st Respondent since 5/12/98 when elections were conducted nationwide by the Independent National Electoral Commission (INEC) under the Local Government (Basic Constitutional and Transitional Provisions) Decree No.36 of 1998 for Chairman of Local Governments and Councillors representing various Wards. Besides the Appellant and the 1st Respondent who were sponsored by the PDP and APP respectively, the other candidates who contested the election were Francis Unyimadu of the UPP, Engr. Azuogu of MDJ and R.S. Okeke of A.D. At the end of the election, the 1st Respondent was credited with 11,824 votes to the Appellant's 11,044 votes and INEC, the 2nd Respondent declared the 1st Respondent, Dr. Gideon Nwaeze of the APP as the winner on 6/12/98 and returned him as Chairman-Elect of Oguta Local Governmen…

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