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CaseLaw

Nnadi V. Ezike (1999) CLR 6(a) (CA)

Judgement delivered on June 14th 1999

Brief

  • Further or other orders (Appellate court power over)
  • Election tribunal
  • Proof of election result
  • Forms of election result given to police officers
  • Presiding officer (Role of)

Facts

This is an appeal from the decision of the National Assembly Election Tribunal of Enugu State, holden at Enugu: delivered on 10-5-99, On 20-2-99, National Assembly elections took place throughout our dear country - Nigeria. The Petitioner and the 1st Respondent contested the House of Representative seat for Igbo Etiti/Udo Uwani Federal Constituency of Enugu State of Nigeria. The Petitioner vied on the platform of Peoples Democratic Party (PDP) while, the 1st Respondent had the banner of Alliance for Democracy (A.D). No other party fielded any candidate.

At the close of election on the stated 20-2-99, the 16th and 17th Respondents released the result of the election. The scores were put at - A.D 52488 votes, PDP 51771 votes. The 1st Respondent, as the A.D candidate, was declared elected as having won the majority votes.

The Petitioner was not satisfied with the result as declared and same precipitated the petition before the Trial Tribunal. In the penultimate paragraph of his Petition, the Petitioner prayed for the following reliefs:-

  • "i.
    That the Petitioner was duly returned and ought to have been declared as elected at the said election, having scored the majority of lawful votes cast thereat.
  • ii.
    That the 1st Respondent was not duly elected by a majority of valid votes cast at the election.
  • iii.
    An order for the cancellation of the fictitious votes recorded for Ugbene 1 and 11 Wards."

The 1st Respondent filed his reply to the Petition on schedule. The 2nd - 17th respondents filed their joint reply to the petition out of time with the leave of the trial Tribunal. The Petitioner filed an answer to the 1st Respondent's reply.

Issues

  • Whether the Election Tribunal was right in rejecting the election result forms...
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