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NATIONAL ELECTORAL COMMISSION & ORS. V. SUNDAY OGONDA WODI

(1989) JELR 42830 (CA)

Court of Appeal  •  CA/E/178/88  •  13 Mar 1989  •  Nigeria

Coram
SYLVESTER UMARU ONU JCA; OWOLABI KOLAWOLE JCA; BRAIMAH AMEN OMOSUN JCA;

Appearances
T. A. Koroye, State Counsel, Rivers State - For the 1st, 2nd and 3rd AppellantsC. O. Akpamgbo, S.A.N. (with him, L. A. Mitee) - For the 4th Appellant For Appellant E. C. Ukala - For the Petitioner/Respondent For Respondent

Judgement

OWOLABI KOLAWOLE, J.C.A. (Delivering the Lead Ruling): This appeal came up for hearing on Wednesday, February 15, 1989. Mr. T. A. Koroye, State Counsel, who appeared for the 1st, 2nd and 3rd appellants sought to tender Rivers State of Nigeria Official Gazette No. 17 Volume 7 of 1st May, 1975 which shows at page 144 that the Petitioner/Respondent was dismissed from the Teaching Service Commission of the Rivers State Government as Technical Instructor on 1st April, 1974. Mr. C. O. Akpamgbo, S.A.N. who appeared for the 4th appellant also supported the tendering of the Gazette.

Learned Counsel for the Petitioner/Respondent, Mr. E. C. Ukala, opposed the application.

The appeal in question concerns the election to the Port Harcourt City Local Government Council in the Port Harcourt Local Government Area (PHALGA) for the Chairmanship of the Council at the Local Government Elections conducted in Nigeria on the 12th December, 1987 wherein the Petitioner/Respondent's name was excluded from the …

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