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FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Local Government Election Tribunal sitting at Enugu, delivered on 5/2/99. The said tribunal nullified the return of the appellant as the elected councillor for Owoh Ward in Nkanu East Local Government Area at the election conducted nationwide on 5/12/98.
It is apt to state briefly the relevant facts that will assist in the determination of this appeal. The result announced by the 2nd respondent- the Resident Electoral Officer, Nkanu East Local Government - showed that the appellant herein scored 1,400 votes while the petitioners/respondent scored nil vote. As well, other two contestants also scored nil votes. In short, the appellant scored all the votes cast at the election in the ward.
The petitioner/respondent testified and called some witnesses including his parents who said they voted in a bid to show that he could not have had a nil score. Interestingly, the petitioner said he voted and …