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BARRISTER DOZIE IKE v. GODFREY N. OFOKAJA & ORS

(1992) JELR 42042 (CA)

Court of Appeal  •  CA/E/138/92  •  4 Nov 1992  •  Nigeria

Coram
UTHMAN MOHAMMED JCA; JOSEPH DIEKOLA OGUNDERE JCA; AKINTOLA OLUFEMI EJIWUNMI JCA; OBINNAYA ANUNOBI OKEZIE JCA; JAMES OGENYI OGEBE JCA;

Judgement

MOHAMMED, J.C.A. (Delivering the Leading Judgment): At the National Assembly Election, held on the 4th of July, 1992, to the House of Representatives for the Orumba North L.G.A. Constituency, of Anambra State, the appellant was declared the winner, having scored a majority of 12,435 votes against the score of the 1st respondent which was 12,209 votes. The appellant was sponsored by the National Republican Convention (N.R.C). and the 1st respondent was fielded by the Social Democratic Party (S.D.P.).

Soon after the National Electoral Commission (N.E.C) had declared that the appellant was the winner, the 1st respondent filed a petition before the National Assembly Election Tribunal, sitting at Awka, and challenged the return of the appellant, on the following ground:

"(A) That the 1st respondent was not duly elected by a majority of lawful votes at the election because of forgeries, and falsification of votes perpetrated by all the respondents in favour of the 1st respondent in the fina…

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