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BASIL NJOKU v. MALACHY OSIMIRI & ORS

(1999) JELR 43823 (CA)

Court of Appeal  •  CA/PH/EP/69/99  •  18 Mar 1999  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; KUMAI BAYANG AKAAHS JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

AKAAHS, J.C.A. (Delivering the Leading Judgment): The appellant and the petitioner/respondent were the only candidates that contested for the councillorship seat in Eziudo Ward 6, Ezinihitte Local Government Area of Imo State during the Local Government elections held on 5th December, 1998. The petitioner/respondent contested the said election on the platform of people's Democratic Party (PDP) while the appellant was the candidates for the All Peoples Party (A.P.P). There were 16 polling booths in ward 6 but the results which were announced by the returning officer covered only 15 booths. The A.P.P. candidate was returned as the winner with 1,538 votes while the P.D.P. candidate was credited with 1,326 votes. The 1,326 votes came about as a result of the cancellation of the votes at Umuzu square polling unit No.F3 which was won by the petitioner/respondent. He was recorded as having scored 229 valid votes. The total number of votes case in Umuzu square were 234 but only 5 were voided.…

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