CaseLaw
Onyenucheya V. Mil. Adm, Imo State (1997) CLR 1(J) (CA)
Brief
Facts
The appellant and the 3rd respondent contested the Chairmanship election of the Mbaitoli Local Government in Imo State on 25/3/96. The appellant was declared the winner by the National Electoral Commission of Nigeria (NECON) and accordingly installed as the Chairman. The 3rd respondent, who lost the election filed an election petition in the Local Government Election Tribunal as set up under Local Government Election Decree No. 6, 1996, whereupon the said election was declared null void and a bye-election ordered within one month. Dissatisfied, the appellant appealed to the Local Government Election Appeal Tribunal which in its judgment upheld the judgment of the Local Government Election Tribunal save that in its stead, it ordered that the election should be conducted on a date to be appointed by the electoral office.
The electoral office was not forthcoming in organising a fresh bye-election and the appellant continued to parade himself as the Chairman of Mbaitoli Local Government. Accordingly, the 3rd respondent applied to the Owerri High Court seeking an order restraining the appellant from holding himself as such which order was granted. The appellant was dissatisfied with same and appealed to the Court of Appeal.
Issues
Whether the Imo State High Court had jurisdiction to entertain the application...