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ETHELBERT NNANNA NZE v. DR. GIDEON NWAEZE & ORS

(1999) JELR 43894 (CA)

Court of Appeal  •  CA/PH/EP/142/99  •  31 May 1999  •  Nigeria

Coram
MICHAEL EYARUOMA AKPIROROH JCA; KUMAI BAYANG AKAAHS JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

AKAAHS, J.C.A. (Delivering the Leading Judgment): The race for the Chairmanship of Oguta Local Government Council of Imo State has been a ding-dong battle between the present appellant and the 1st Respondent since 5/12/98 when elections were conducted nationwide by the Independent National Electoral Commission (INEC) under the Local Government (Basic Constitutional and Transitional Provisions) Decree No.36 of 1998 for Chairman of Local Governments and Councillors representing various Wards. Besides the Appellant and the 1st Respondent who were sponsored by the PDP and APP respectively, the other candidates who contested the election were Francis Unyimadu of the UPP, Engr. Azuogu of MDJ and R.S. Okeke of A.D. At the end of the election, the 1st Respondent was credited with 11,824 votes to the Appellant's 11,044 votes and INEC, the 2nd Respondent declared the 1st Respondent, Dr. Gideon Nwaeze of the APP as the winner on 6/12/98 and returned him as Chairman-Elect of Oguta Local Governmen…

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