(1999) JELR 43829 (CA)    

Court of Appeal  ·  CA/PH/EP/85/99 ·  23 Mar 1999 ·  Nigeria
Other Citations
Umezulike v. Olisah (1999) 6 NWLR (Pt. 607) 376
SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
trial tribunal
winner of the election
majority of lawful votes
exhibit p7
wards j13
first respondent
grounds of appeal
local government
return of the appellant
said election
appellant abandoned ground
close comparison
corrupt practices
councilor elect of ubulu ward
due regards
final lawful score
forms ec8b
grounds of appeals
judgment of the local government election tribunal petition owerri
leading judgment
meticulous scrutiny
michael eyaruoma akpiroroh
mrs philomena umezulike
much reliance
only order
peoples democratic party
peoples party
platform of united peoples party
polling station j13
polling stations
respondent e.c. olisa
results form forms eca8
results of the local government election tribunal
return of the 1st respondent
simple mathematical calculation
virtue of section
wards j.13

MICHAEL EYARUOMA AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Local Government Election Tribunal Petition Owerri delivered on 15/2/99"

The Appellant, Mrs Philomena Umezulike, the Respondent E.C. Olisa and Mr. K.I.D. Odenigbo contested the election for the post of Councilor in Ubu Ward of Oru Local Government Council in Imo State under the platform of United Peoples Party (APP) All Peoples Party (APP) and Peoples Democratic Party (PDP) respectively.

At the end of the polls, the Petitioner/Appellant scored 1148 votes, the respondent scored 3941 votes while Odenigbo scored 297 votes. The first respondent was therefore declared the winner of the election.

The appellant was dissatisfied with the results declared and filed this petition challenging the results of the Local Government Election Tribunal sitting at owerri.

On three grounds:-

(1) that the said election was voted voided by corrupt Practices under the relevant Decree.

(ii) th…

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