Gideon Nwaeze & Anor V. Ethelbert Nnana Eze & Ors (1999)

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IGE, J.C.A. 

This is an appeal before this court against the judgment of the Local Government Council Election Tribunal of Imo State sitting at Owerri dated 8th February, 1999. Two petitions were before the tribunal numbered LGEP/IM/1/98 and LGEP/IM/47/98.

The parties in LGEP/IM/1/98 were as follows:-

Ethelbert Nnana Eze PETITIONER

V.

1. Dr. Gideon Nwaeze
2. Independent National Electoral Commission
3. Ephraim Onuzulike (Oguta Local Government Area Returning Officer)
4. Ndu Okonkwo (Mgbala/Uba Ward) Returning Officer) RESPONDENTS
5. Patrick Nwabueze (Supervisor Mgbala/Uba Ward)

The parties in LGEP/IM/47/98 were as follows:-

Barrister Francis U. Unyimadu PETITIONER

v.

1. Bro. Gideon Nwaeze
2. E. Onuzulike (Returning Officer Oguta Local Government Area)
3. Samuel Odunukwe

(Electoral Officer, Oguta Local Government Area) RESPONDENTS

4. Independent National Electoral Commission (INEC)

In the petition No. LGEP/IM/98 Ethelbert Nnana Eze stood election for the office of Chairman of Oguta Local Government Council on the platform of the People’s Democratic Party along with others namely Gideon Nwaeze of the APP, Francis Unyimadu of the UPP, Engr. Azuogu of MDJ and R.S. Okeke of the AD.

At the end of the elections, INEC the 2nd respondent declared 1st respondent, Dr. Gideon Nwaeze of the APP as the winner on 6/12/98 and returned him as Chairman-elect of Oguta Local Government.

The petitioner was dissatisfied with this result hence he filed an election petition before the Local Government Tribunal of Imo State.

In the petition No. LGEP/IM/47/98 Unyimadu stood election for the office of Chairman of Oguta Local Government on the platform of the United Peoples Party, UPP along with 3 others namely: Nnana Eze of the PDP, R.S.M. Okereke of the AD and D. Azogu of MDJ.

At the end of the elections, INEC, the 4th respondent declared the 1st respondent Dr. Gideon Nwaeze of the APP as the winner on 6/12/98 and returned him as Chairman-elect of Oguta Local Government.