Prince Ifeanyi Ogbu V. Lazarus Ifeanyi Nnaji & Ors (1999)

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GALADIMA, J.C.A.

This is an appeal against the judgment of Local Government Election Tribunal delivered on 8th February, 1999. Which upheld the election of the 1st respondent at the 5/12/98 elections into the chairmanship and councillorship seats of Nkanu East Local Government Council but lost to the 1st respondent, the Flag bearer of the APP.

The following are the grounds of appeal without their particulars:”

Ground 1

“The Election Tribunal completely misdirected itself by holding as follows –

‘The facts disclosed by the evidence adduced pointed to one single direction. That is that there was an irregularity, thuggery and threat to life and property in one of the 14 wards that make up Nkanu East Local Government Area. The proof is of mishandling of election and thuggery in the local government election of 5/12/98 in Nomeh Ward.”

The petitioner wants the tribunal to believe that the local government election held on 5/12/98 in Nkanu East Local Government was mere farce if considered from the point of view of what happened in Nomeh Ward on that day. Nomeh ward we shall observe that is not Nkanu East Local Government but a part of it.’

Ground II

The tribunal erred in law by holding as follows –

“We agree that there were cancellations and mutilations in some of the result sheets tendered. But this piece of evidence is not backed by evidence. In fact the makers of the result sheets and or party agents who endorsed them should have been called to testify to enable us consider each document on merit. Speculation and wild-goose-chase cannot form the bed-rock of justice and equity.’

Ground III

The Election Tribunal misdirected itself by holding as follows-

The learned Senior Advocate of Nigeria, senator Anah, over flogged the issue of “nil” votes entry for the petitioner in many of the wards. It goes without saying that evidence on this is not well substantiated. In fact, going by the record of the election, the exhibits show that the petitioner scored the highest lawful votes in at least three of the wards in the Local Government Area.

Ground IV