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CHIEF DAMIAN A. OZURUMBA V. CHINAGOROM NWANKPA & ORS

(1999) JELR 43820 (CA)

Court of Appeal  •  CA/PH/EP/61/99  •  17 Mar 1999  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; SYLVANUS ADIEWERE NSOFOR JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal by the petitioner before the Imo State Local Government Election Tribunal. He had contested the office of Chairman of Isiala Ngwa South Local Government against the 1st respondent, who had the 2nd respondent as his running mate. He was defeated in the election and so filed his petition against the election of the two respondents. One of the grounds on which he challenged their election was that at the time of their election neither one of them was qualified to be elected. He averred that this was so because neither of them paid his/her tax as and when due as required by the enabling law. The enabling law is the Local Government (Basic Constitutional and Transitional Provisions) Decree, No. 36 of 1998. He averred additionally that at the time of his election the 1st respondent did not possess the requisite educational qualification.

Although the parties placed a mass of evidence, both oral and documentary, before theā€¦

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