(1999) JELR 43820 (CA)    

Court of Appeal  ·  CA/PH/EP/61/99 ·  17 Mar 1999 ·  Nigeria
Other Citations
Ozurumba v. Nwankpa (1999) 4 NWLR (Pt. 598)
Ozurumba v. Nwankpa (1999) 4 NWLR (Pt. 598) 282
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
electoral officer
requisite educational qualification
decision of the electoral officer
evidence of tax payment
ground of an election petition
provision of this decree
constitutional court
decision of the court of appeal
enabling law
following grounds
learned s.a.n.
local government
mr. a.u. kalu
stand point
such decision
time of his election
2nd respondent
ballot papers
case of lasebikan v
chief damian ozurumba
chief electoral officer of the federation
chief n.u. udechukwu
consideration of the effect of paragraph
correct perspective
declared intention of the federal military government
first issue
first place
following decisions of this court
general principle
imo state local government election tribunal
mass of evidence
nomination form invalid
office of chairman of isiala ngwa south
principle of interpretation of statutes
provisions of sections
question of qualification
result of the election
screening of candidates
submissions of counsel
supreme court
time of their election
transitional provisions
violent conflict

IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal by the petitioner before the Imo State Local Government Election Tribunal. He had contested the office of Chairman of Isiala Ngwa South Local Government against the 1st respondent, who had the 2nd respondent as his running mate. He was defeated in the election and so filed his petition against the election of the two respondents. One of the grounds on which he challenged their election was that at the time of their election neither one of them was qualified to be elected. He averred that this was so because neither of them paid his/her tax as and when due as required by the enabling law. The enabling law is the Local Government (Basic Constitutional and Transitional Provisions) Decree, No. 36 of 1998. He averred additionally that at the time of his election the 1st respondent did not possess the requisite educational qualification.

Although the parties placed a mass of evidence, both oral and documentary, before the…

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