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ONMEJE
V.
OTOKPA & ORS

(1999) JELR 48085 (CA)

Court of Appeal 16 Mar 1999 Nigeria
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Case Details

Suit Number:CA/J/50/99
Judges:DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria
Counsel:Gordon Esa. Esq. (with him, P.A. Omingala. Esq.) For Appellant A.N. Anyamena, S.A.N. (with him, J.A. Oturkpo and Onoja)M.I. Sule (Mrs) For Respondent
Other Citations:ONMEJE v. OTOKPA (1999) 4 NWLR (pt.600)

CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): The appellant/petitioner before Election Tribunal sitting at Makurdi, Benue State has challenged the return of the 1st respondent as the Chairman of Ado Local Government Area. As required under the Decree, the scores of the parties at the election were not pleaded. Failure to so plead was hotly contested in an interlocutory application for striking out the petition on grounds of incompetence.

At the end of the trial, the application was overruled. The reasons for so holding are now unimportant in the consideration of this matter as there is no cross-appeal against the ruling. Howsoever in Exhibits 49 and 95 tendered before the tribunal have been reflected the disputed scores at the election thus:

1,4616 and 1,0186 respectively for the 1st respondent and 1,0026 for the petitioner in both exhibits.

The crux of the petitioner's case at the tribunal fell under two headings, namely:

(i) That the election was voided by corrupt practi…

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