(1999) JELR 43792 (CA)    

Court of Appeal  ·  CA/C/EPA/41/99 ·  17 Mar 1999 ·  Nigeria
Other Citations
UKPE v. NDON [1999] 6 NWLR (Pt.606)292
Ukpe v. Ndon (1999) 6 NWLR (Pt. 606) 292
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
election petition
local government area
weight of evidence
2nd respondent
election of 5th december
additional grounds of appeal
ward returning officer
exhibit d1
findings of fact
learned counsel
primary role
return of the 1st respondent
circumstances of his case
clear winner of the election
close of the election
considered judgment
critical examination of exhibit d1
critical examination of issues nos
critical look
decision of the local government election tribunal of akwa ibom state
declared results
documentary evidence
favour of the 1st respondent
final results
hearing of the petition
issues deal
leading judgment
leave of the court
local government council election
local government election tribunal
majority of the lawful votes
original grounds of appeal
overall results of the election
platform of the peoples democratic party
provisions of the decree
registered trustees of c.a.c v
said election
said godwin ndon
scores of the candidates
thirds of the wards
units of east itam
wrongful exclusion of the results

OBADINA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Local Government Election Tribunal of Akwa Ibom State sitting at Uyo, delivered on the 13th of February, 1999 in favour of the 1st respondent.

On the 5th of December, 1998 the appellant contested the Local Government Council election for the office of Chairman, Local Government Area of Akwa Ibom State. He contested the election on the platform of the Peoples Democratic Party (PDP).

The 1st respondent also contested the election to the same office or Chairman, Itu Local Government Area of Akwa Ibom State on the platform of All Peoples Party (APP). Alliance for Democracy filed one Efiok Bassey Etim for the election. Three (3) other candidates also contested the said election on the platform or other political parties.

At the close of the election the 2nd respondent (INEC) announced that there was no clear winner of the election. The 1st respondent was said to have scored a total of 6,104 vot…

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