UMAR
V.
ONIKATA & ORS

(1999) JELR 43802 (CA)    

Court of Appeal  ·  CA/A/EPLG/7/99 ·  10 Mar 1999 ·  Nigeria
 · 
Other Citations
Umar v. Onikata (1999) 3 NWLR (Pt. 596)558
CORAM
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
petition
election
necessary party
election petition
1st respondent
decree no.
3rd respondents
independent national electoral commission
electoral officer
local government area
elections
officials of inec
returning officer
bye-elections
learned counsel
provisions of schedule
votes cast
circumstance of the case
day of election
kogi state
local government election tribunal
respect of the chairmanship election
second ground of appeal
2nd respondent
above show
cause of action of the petitioner
chairmanship of the ajaokuta local government council
conduct of election of 5th december
constitutional court
course of the elections
determination of inec
election of 1st respondent
election results
enabling decree
favour of the 1st respondent
favour of the appellant
following reliefs
grounds of appeal of the appellant
leading judgment
learned chairman of the honourable tribunal
local government councils
necessary parry
peoples party
platform of the peoples democratic party
provisions of part x of decree no.
relevant provisions of decree no.
relevant statutory provisions
respect of the chairmanship post of the ajaokuta
wards of the local government area
winner of the chairmanship election

ODUYEMI, J.C.A. (Delivering the Leading Judgment): On 5th December, 1998, the Independent National Electoral Commission (INEC) conducted elections for Chairmanship and Counsellorship positions in Local Government Councils and Area Councils in the Federal Republic of Nigeria.

The appellant was a candidate on the platform of the Peoples Democratic Party (PDP) for the Chairmanship of the Ajaokuta Local Government Council while the 1st respondent was a candidate who contested the election for the same post on the platform of the All Peoples Party (APP).

The Ajaokuta Local Government Area consisted of 14 wards. On the day of election, elections commenced in all units and wards of the Local Government Area but in the course of the elections, disturbances occurred which disrupted elections in two wards of the Local Government which had five units. In the event, election results were received in only 12 wards of the Ajaokuta Local Government. These were collared and 9,378 of the votes cast we…

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