CaseLaw
Okonkwo V. Onovo (1999) CLR 3(n) (CA)
Brief
Facts
There was nation-wide elections into Local Government Councils on 5th December, 1998. Mr. Samuel Mbadiwe Onovo had contested this election on the platform of the peoples Democratic Party (PDP), one of the registered political parties in the country. He wrought election to office of a councilor for the Nomeh ward of Nkanu East local Government Area of Enugu State. Mr. Franklin Okonkwo had contested the same election and for the same seat as did Mr. Samuel, hereinafter called the petitioner/respondent. Mr. Franklin, who for the purposes of this appeal will be referred as the 1st respondent/appellant, contested the election under the umbrella or the all Peoples Party (APP), another political party. Mr. Sunday Nkumah was fielded by the Alliance for Democracy (AD) as the third contestant. The first respondent/appellant was declared the winner.
The petitioner/respondent approached the Enugu State Election petition tribunal praying that the appellant/respondent's return be declared void and a fresh election for the office of the councilor for the Nomeh ward be ordered.
The petitioners' case at the tribunal was that there was no election at the four booths designated for Nomeh ward. Voting had started in two out of the four booths when thugs led by the All Peoples Party Chairman made its continuance impossible. At the two remaining booths, voting had not even commenced before elections were stopped by the same All Peoples Party thugs. Ballot boxes and electoral materials for the four booths were conveyed to the police station for custody and they were so kept there until they were produced at the tribunal for the purposes of the trial that brought about this appeal
The parties to the petition led evidence before the tribunal and in a considered judgment the tribunal voided the declaration of the appellant/respondent and dissatisfied the appellant appealed to the court of Appeal.