OJUKWU
V.
ONWUDIWE & ORS.

(1984) JELR 46465 (SC)

Supreme Court · SC.113/1983 · 17 Feb 1984 · Nigeria

CORAM

GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Core Terms ^Beta

1st respondent

evidence

ballot boxes

learned trial judge

result sheets

senatorial district

6th respondent

federal electoral commission

4th respondents

form ec8

federal court of appeal

presiding officers

decision of the high court

grounds of appeal

judgment of the court of first instance

nullification of the election

polling booths

provisions of the electoral act

trial court

weight of evidence

court of appeal

ground of facts

hearing of this petition

majority of votes

5th respondent

findings of fact

official function

onitsha north

polling stations

results of the said election

returning officer

said onitsha n.e. state constituency

collating centre of the onitsha

declaration of the petitioner

evaluation of evidence

evidence of a witness

issue of facts

leading judgment

learned trial judge find

mr. a. n. anyamene

obvious cases of total break

officer of the 2nd respondent

onitsha n.e. state constituency

petition of chief chukwuemeka odumegwu ojukwu

portion of the complaint

results of the election

said onitsha n.e. constituency

senatorial seat

testimony of a witness

total documented results

ESO, J.S.C. (Delivering the Leading Judgment): The petition of Chief Chukwuemeka Odumegwu Ojukwu, who contested for the Onitsha senatorial seat and lost, was for both the nullification of the election and declaration of the petitioner - Ojukwu - as the duly elected senator for the district.

The petitioner had complained that the returning officer, who was the 5th respondent, and the assistant returning officer, the 6th respondent, failed to perform their duties, of collating or announcing the results of the election, properly. That portion of the complaint reads -

"3. The 5th respondent an officer of the 2nd respondent did not perform and/or was unlawfully prevented from performing his official function of properly collating and announcing the results of the said election for the Onitsha senatorial district by the 1st respondent and/or his agents, political supporters or political thugs, and/or the 2nd, 3rd and 4th respondents jointly and/or severally.

4. The 6th respondent as stated…

OJUKWU V. ONWUDIWE & ORS.

OJUKWU
V.
ONWUDIWE & ORS.