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ESO, J.S.C. (Delivering the Leading Judgment): The petition of Chief Chukwuemeka Odumegwu Ojukwu, who contested for the Onitsha senatorial seat and lost, was for both the nullification of the election and declaration of the petitioner - Ojukwu - as the duly elected senator for the district.
The petitioner had complained that the returning officer, who was the 5th respondent, and the assistant returning officer, the 6th respondent, failed to perform their duties, of collating or announcing the results of the election, properly. That portion of the complaint reads -
"3. The 5th respondent an officer of the 2nd respondent did not perform and/or was unlawfully prevented from performing his official function of properly collating and announcing the results of the said election for the Onitsha senatorial district by the 1st respondent and/or his agents, political supporters or political thugs, and/or the 2nd, 3rd and 4th respondents jointly and/or severally.
4. The 6th respondent as stated…