COSMOS C. CHUKWU V. M.O.B. IGWE & ORS

OMOSUN, J.C.A. (Delivering the Leading Judgment): This is an appeal by the petitioner against the judgment and orders of PATS-ACHOLONU, J., sitting at the Mbano/Etiti High Court which judgment was delivered on 22nd February, 1988.

The appellant had filed an election petition in the High Court, Mbano Etiti in Suit No.HME/1/88 claiming as follows:

"Whereof your petitioner prays that it may be determined that the said M.O.B. Igwe was not duly elected/returned and that the said Cosmos C. Chukwu (appellant) was duly elected and ought to have been returned."

The grounds upon which the prayer is based are stated in paragraph 3 of the petition. They are as follows:

(a) that the first respondent was not duly elected by a majority of lawful votes at the election and/or

(b) that the petitioner was validly nominated but was unlawfully excluded from the election (in that the 2nd and 3rd respondents) refused to publish the score/result of the petitioner's election.

The 1st respondent filed a reply …