ONYE & ANOR
V.
KEMA & ORS

(1999) JELR 43862 (CA)    

Court of Appeal  ·  CA/PH/EP/58/99 ·  18 Mar 1999 ·  Nigeria
 · 
Other Citations
Onye v. Kema (1999) 4 NWLR (Pt. 598) 198
CORAM
SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
tribunal
booths
appellants
2nd respondents
respect
provision of the decree
wards
13th respondents
booths im
rebuttable presumption
substantial non-compliance
such denial
2nd respondent winners of the said election
3rd respondent
amachi hall ezeama
briefs of argument
corrupt practices
declaration of the results
decree states
democratic party
election petition tribunal
elections
end of the elections
evidence act
firm view
following booths wards
full trial
general motors ltd
imo state
issue of falsification
issue of use of plain papers
issues
l8 umuohii
leading judgment
nwobodo v onoh
office of the chairman
plain result sheet
provisions of the governing decree no.
reasonable doubt
result of any election
said election
submission of chief rotimi williams
substantial electoral malpractice
sulere atta ward
trial court
umuomu square booth no. im
vice chairman
virture of section
whole election

OKWUCHUKWU OPENE, J.C.A. (Delivering the Leading Judgment): On the 5th day of December, 1998 the petitioners now the appellants contested elections into the office of the chairman and vice chairman respectively of the Ikeduru Local Government Area, of Imo State under the platform of the peoples Democratic party (PDP). The 1st and 2nd Respondents also contested the said election under the platform of All Peoples Party (APP).

At the end of the elections, the 3rd to 13th Respondents declared the 1st and 2nd Respondent winners of the said election. They declared the scores of 16,552 for the 1st and 2nd Respondents and 13,772 for the petitioners/Appellants.

It is as a result of this that the petitioner/Appellant filed a petition in the election petition Tribunal for Owerri Senatorial District holden at Owerri.

There was a full Trial at the end of which, the Tribunal in a well considered judgment delivered on 13/8/98 dismissed the petition in its entirety.

Aggrieved and dissatisfied with th…

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