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…

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