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ORUBU
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NEC & ORS.

(1988) JELR 42794 (SC)

Supreme Court 16 Dec 1988 Nigeria
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- The case involves a candidate in a local government election in Nigeria who brought a petition against the respondents. - The appellant sought an interim injunction to prevent the 14th respondent from being sworn in as chairman of the loc

Case Details

Suit Number:SC.158/1988
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Counsel:Dr. M. Odje, S.A.N. (with him, Chief A. O. Akpedeye, P. Ohimor and A.L. Keshino) For Appellant D. Ojo (Mrs.), Principal State Counsel, Bendel State-for the 1st-13th RespondentsChief I. O. Jemide (with him, Dr. G. I. Emiko)- for the 14th Respondent For Respondent
Other Citations:Orubu v. N.E.C. (1988) NWLR (Pt.94) 323 (1988) 2 S.C (Pt III) 1, (1988) 5 NWLR (Pt. 94) 323, (1988) JELR 72097 (SC)

M. L. UWAIS, J.S.C. (Delivering the Leading Judgment): The appellant was a candidate in the Local Government Elections which took place throughout Nigeria on the 12th day of December, 1987. He contested together with the 14th respondent for the chairmanship of Warri Local Government Council in Bendel State. The appellant was not satisfied with the result of the election by which the 14th respondent was declared the winner. The appellant, therefore, brought a petition against the 1st to the 13th respondents in the High Court of Bendel State holden at Warri. The last paragraph of the petition reads as follows-

"38. By their conduct, acts, omissions, dereliction of functions and usurpation thereof as averred in sundry places in this petition, the Respondents have jointly and severally also breached and committed offences against the Provisions of Decree No.37 of 1987 generally and particularly against Section 9(3) thereof; paragraphs 16,21(1),24 and 31 of Schedule 1 thereto as well as su…

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