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REV. HYDE ONUAGULUCHI V. MR. BEN COLLINS NDU & ORS

(2001) JELR 44316 (SC)

Supreme Court  •  SC.108/2000  •  2 Mar 2001  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

UWAIFO, J.S.C. (Delivering the Leading Ruling): The appellant contested election to the Senate as a candidate of the All Peoples Party (APP) in Enugu West Senatorial District in February, 1999. The other candidates were Mr. Ben Collins Ndu, a candidate of the Peoples Democratic Party (PDP) now 1st respondent, and one Chief Mike Ugwu, a candidate of the Alliance for Democracy (AD). On 20th February, 1999, the appellant was duly returned by the Independent National Electoral Commission (INEC), 3rd respondent, as elected. The 1st respondent then petitioned to the National Assembly Election Tribunal, Enugu Division (the Tribunal), against the election. On 21 May,1999, the petition was dismissed by the Tribunal. The 1st respondent appealed from that decision, and on 24 June, 1999, the Court of Appeal, Enugu Division, set aside the judgment of the Tribunal and nullified the senatorial election held in the constituency of Enugu West Senatorial District. It ordered that fresh election be cond…

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