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CHIEF ALLEN C. NWACHUKWU & ANOR v. CHIEF EMEKA ENEOGWE & ORS

(1999) JELR 43861 (CA)

Court of Appeal  •  CA/PH/EP/53/99  •  17 Mar 1999  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE JCA; MICHAEL EYARUOMA AKPIROROH JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

AKAAHS, J.C.A. (Delivering the Leading Judgment): In the build up to the local government elections held Nationwide on 5/12/98, one Chief Uche Nworu an All Nigeria Peoples Party (A.P.P.) stalwart from Umuagbai Ward 8 of Osisioma Ngwa Local Government Area in Abia State was killed by acid burns. This led to the burning down of the petitioner/appellant's hotel including other buildings. In addition he was arrested on 31/2/98 which was two days away to the election for the chairmanship of Osisioma Ngwa Local Government which he contested on the platform of the Peoples Democratic Party (PDP). He came second with 6,025 votes while the 1st respondent who was the APP candidate was declared the winner of the election having polled 8.689 voles. The 1st petitioner/appellant challenged the return of the 1st respondent before the Abia State Local Government Council Election Tribunal in an election petition No. CHEP/AB/3/98 filed on 17/12/98.

The said petition was dismissed on 15/2/99. Being dissa…

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