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CHIDIEBERE NWOKE V. DAN EBEOGU

(1999) JELR 43828 (CA)

Court of Appeal  •  CA/PH/EP/81/99  •  6 Apr 1999  •  Nigeria

Coram
SYLVANUS ADIEWERE NSOFOR JCA; MICHAEL EYARUOMA AKPIROROH JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

AKAAHS, J.C.A.(Delivering the Leading Judgment): The main issue in this appeal is whether the allegations of electoral malpractice contained in paragraph 6, 6(a) - 6(j) of the petition were directed against the ward returning officer or the presiding officers of the polling units. The Tribunal in its Ruling dated 5/3/99 upheld the objection raised by the 1st respondent that the petition was incompetent and accordingly struck out on the ground that allegations contained in the petition were against the presiding officers who were not joined in the petition, the petitioner on the other hand maintained that the allegations were against the ward returning officer and evidence ought to have been taken before deciding on the Issue.

The facts leading to this appeal may be briefly stated as follows:-

On 9th January, 1999, with the exception of Bayelsa State, elections into the State Houses of Assembly and Governorship seats were held throughout the country, Abia State inclusive. In Umuahia Ea…

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