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WILSON ALATAHA & ANOR V. BENSON ASIN & ORS

(1999) JELR 43538 (CA)

Court of Appeal  •  CA/B/39/99  •  2 Mar 1999  •  Nigeria

Coram
ISA AYO SALAMI JCA; FRANCIS FEDODE TABAI JCA; SAKA ADEYEMI IBIYEYE JCA; BABA ALKALI BA'ABA JCA;

Appearances
Chief S. S. Obaro with him is (R. O. Obasohen) For Appellant I. E. Imadegbelo Esq., (with him M. O. Bello Osagie and A. O. Ohiarenoya) - for 1st and 2nd RespondentsS. O. Monye Senior Legal Officer, Delta State - for 3rd - 4th Respondents For Respondent

Judgement

ISA AYO SALAMI, J.C.A.: (Delivering the Leading Judgment): This is an appeal from the Local Government Council Election Tribunal of Delta State sitting at Asaba.

As a result of elections conducted into various local government councils throughout the country on 5th December, 1998, the 3rd to 5th respondents returned first and second respondents respectively as chairman and vice chairman of Warri North Local Government.

The first and second appellants who contested the election on the platform of All Peoples Party were unhappy with the declaration of the result and presented a petition to the Local Government Council Election Tribunal of Delta State sitting at Asaba challenging the declaration of the first and second respondents.

The petition dated 22nd December, 1998 was filed on the same day.

The two sets of respondents raised a preliminary objection to the petition asking that it be struck out in limine for incompetence. The particular of the objection was that the return of the fi…

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