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MR. BERTRAND NNONYE V. CHIEF D. N. ANYICHIE & ORS

(1988) JELR 42824 (CA)

Court of Appeal  •  CA/E/163M/88  •  19 Oct 1988  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JCA; WALLACE RONALD TISLINGTON MACAULAY JCA; SAMSON ODEMWINGIE UW AIFO JCA;

Appearances
Dr. F.N. Obi For Appellant C.C. Officha, Senior State Counsel, Anambra State For Respondent

Judgement

UWAIFO, J.C.A. (Delivering the Leading Ruling): The 3rd respondent applicant contested the Local Government Election held on 12 December, 1987 for the office of councillor for Ifite-Ukpo Ward in the Njikoka Local Government Area. He was declared elected as councillor into the Njikoka Local Government and sworn in. The petitioner/respondent had submitted nomination papers to contest as councillor for that same Ward. On 11th December, 1987 he was, according to him, "casually informed" by the Electoral Officer for Njikoka, one Mr. Ekweozo (2nd respondent) that he had been disqualified from contesting the election. This was, again according to him, when he had heard rumours about his impending disqualification, he went on his own to the Local Government Secretariat at Abagana where he met the said Mr. Ekweozo. In spite of what Mr. Ekweozo was alleged to have told him, he said he duly contested the election "because there was no point withdrawing since to the best of my knowledge the disqu…

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