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THOMAS UGWU v. HON. EDE SAMUEL IGWE & ORS

(1999) JELR 47106 (CA)

Court of Appeal  •  CA/E/33/99  •  10 Mar 1999  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; JOHN AFOLABI FABIYI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Local Government Election Tribunal holden at Enugu on 8/2/99 nullifying the return of the appellant as the elected Councillor of Ubahu/Amankanu Ward in Nkanu East Local Government Area. The tribunal returned the petitioner/respondent as the duly elected councillor of the same ward.

In the nationwide Local Government election held on 5/12/98, the 1st respondent vied under the banner of Alliance for Democracy (AD). The appellant herein contested on the platform of All Peoples Party (APP). One Simeon Akaeme tried his chance under Peoples Democratic Party (PDP). The appellant was returned as the winner on 5/12/98 a Councilor elect of the stated ward. The 1st respondent was not satisfied with the return of the appellant. In short, he felt he had cause to cry foul. The 1st respondent filed his petition at the Election Tribunal Registry on 21/12/98.

Eze O. Eze Esq., learned counsel for the 2nd - 3…

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