NATIONAL ELECTORAL COMMISSION & ORS. V. CHIEF SUNDAY AGBOH & ANOR.

AKINTAN, J.C.A (Delivering the Leading Judgment): The 3rd appellant and 1st respondent contested for the post of Chairman of Obanliku Local Government on the platform of their respective political party - i.e. the Social Democratic Party and the National Republican Convention. At the end of the election, the National Electoral Commission (NEC - 1st appellant) declared the 3rd appellant elected having scored more votes than the 1st respondent. The 1st respondent was dissatisfied with the result of the election. He accordingly filed an ex-parte motion at the Obudu Judicial Division of the High Court of Cross River State in which he prayed the Court for an order:

"1. Restraining the NEC from presenting or parading the 3rd Defendant/Respondent, David Animpuye as having been duly elected as the council Chairman for Obanliku Local Government Area in the November 23rd 1991 Local Government Bye-election held all over Obanliku Local Government Area.

2. Restraining the Cross River State Milita…