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MRS. JESSIE BALONWU v. DR. CHIKE CHINYELU & ORS

(1991) JELR 42034 (CA)

Court of Appeal  •  CA/E/7/91  •  8 Mar 1991  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SAMSON ODEMWINGIE UWAIFO JCA; VICTOR JAMES OBANUA CHIGBUE JCA;

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellant in this appeal was the plaintiff at the Onitsha High Court where she brought a suit against the respondents (as defendants) claiming the following reliefs:

"(i) A declaration that the 1st defendant was not validly elected as the candidate to contest the election for the Chairmanship of the Onitsha Local Government Council under the Platform of the Social Democratic Party.

(ii) A declaration that the plaintiff is entitled to contest the election for the Chairmanship of the Onitsha Local Government Council under the ticket of the Social Democratic Party.

OR IN THE ALTERNATIVE:

(iii) A declaration that the election conducted on the 3rd day of October, 1990 by the Social Democratic Party to select a flag bearer to contest for the Chairmanship of the Onitsha Local Government Council was irregular, rigged, null and void and of no effect whatsoever.

(iv) In the event of a fresh election an Order of the Court that the result co…

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