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DR. IGNATIUS ONYENEKWU v. CASMIR AMASIATU & ORS

(1999) JELR 43890 (CA)

Court of Appeal  •  CA/PH/EP/103/99  •  27 Apr 1999  •  Nigeria

Coram
SLYVANUS ADIEWERE NSOFOR JCA; KUMAI BAYANG AKAAHS JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The Petitioner and the 1st Respondent contested the Election into the Imo State House of Assembly for Oru-East Local Government Constituency which held on 9/1/99. The election was organised by INEC, the 4th Respondent. The petitioner contested on the platform of All Peoples Party (APP), while the 1st Respondent contested under the platform of Peoples Democratic Party (PDP). No candidate was fielded by Alliance for Democracy (A.D). At the close of the polls, the 3rd Respondent declared the PDP candidate the winner having scored 11,304 votes to the petitioners 11,587 votes. The petitioner was dissatisfied with the declaration made and filed his petition before the Governorship and Legislative Houses Election Tribunal holden at Owerri and in paragraph 6 of the Petition he stated the grounds and facts upon which he relied as follows:-

"(a) Some election result sheets for polling booths in Omuma Ward (which the 2nd Respondent c…

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