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CHIEF SUNDAY EGWU v. MR. JUSTICE EKE (ALIAS ACID) & ANOR

(1999) JELR 43817 (CA)

Court of Appeal  •  CA/PH/EP/30/99  •  8 Mar 1999  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; ATINUKE OMOBONIKE IGE JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

IKONGBEH, J.C.A. (Delivering the Leading Judgment): Did the appellant herein, upon the true construction of the provisions of subsections (1) and (2) of section 83 of the Local Government (Basic Constitutional and Transitional Provisions) Decree, No. 36 of 1998, fall within the category of persons who may bring an election petition? Upon the true construction of subsection (2) of section 84 of the same Decree, is the 2nd respondent herein, i.e. the Independent National Electoral Commission (INEC), immuned from being challenged by way of an election petition? These are the two central questions that we have to answer in this appeal.

During the local government elections held last December both the appellant and the 1st respondent herein sought to contest election into the office of chairman in the Ahoada East Local Government Area. Both of them were in the same political party, i.e., the People's Democratic Party (PDP). Each requested the party, which was the 2nd petitioner before the …

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