ANTHONY OKOKHUE V. JOSEPH OBADAN & ORS

OGUNDARE, J.C.A. (Delivering the Leading Judgment): Following the local government elections held on 12/12/87,the 1st respondent was declared duly elected Councillor for Ward 3 in Agbazilo Local Government. The petitioner/appellant who was a candidate at the said election and who was dissatisfied with the result, filed two petitions (later consolidated into one) under the Local Government Elections Decree, No. 37 of 1987(hereinafter is referred to simply as Decree No. 31) praying in the first petition as follows:-

"That the petitioner who was placed second in the election be declared the winner of the councillorship election in Agbazilo Ward 3 OR ALTERNATIVELY: The whole election in Ward 3 was avoided by corrupt practices and offences against the Local Government Elections Decree, 1987 be declared null and void and fresh election ordered."

Paragraph 11 of the second petition reads:-

"11. WHEREFORE, your petitioner prayers (sic) that it may be determined

(a) that the said E. Obadan w…