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MARK ANAYO AGOMUO & ANOR v. MARCEL IJEOMA OGWUEGBU & ORS

(1999) JELR 43886 (CA)

Court of Appeal  •  CA/PH/EP/68/99  •  16 Mar 1999  •  Nigeria

Coram
IGNATUS CHUKWUDI PATS-ACHOLONU JCA; MICHAEL EYARUOMA AKPIROROH JCA; PIUS OLAYIWOLA ADEREMI JCA;

Judgement

ADEREMI, J.C.A. (Delivering the Leading Judgment): The petitioner/cross-appellant under the platform of the Peoples Democratic Party (PDP) the 1st respondent/appellant under the platform of All Peoples Party (APP) contested for the Chairmanship of Ibitte/Uboma Local Government on the 5th December. 1998. At the conclusion of the elections, the results showed that the 1st respondent/appellant had a total votes of 10,158 while the petitioner/cross appellant scored 9,041. Accordingly, the. 1st respondent/appellant was declared as duly elected by the 9th respondent. Independent National Electoral Commission (INEC) the body statutorily charged with the function of conducting elections.

Dissatisfied with the outcome of the election results the petitioner/cross appellant challenged same on the grounds of disqualification on the part of first respondent, noncompliance under the relevant provisions of the Decree No. 36 of 1998 that the 1st respondent/appellant did not score majority of valid vo…

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