Mrs Philomena Umezulike V. E.c. Olisa & Ors (1999)

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MICHAEL EYARUOMA AKPIROROH, J.C.A.

This is an appeal against the Judgment of the Local Government Election Tribunal Petition Owerri delivered on 15/2/99″

The Appellant, Mrs Philomena Umezulike, the Respondent E.C. Olisa and Mr. K.I.D. Odenigbo contested the election for the post of Councilor in Ubu Ward of Oru Local Government Council in Imo State under the platform of United Peoples Party (APP) All Peoples Party (APP) and Peoples Democratic Party (PDP) respectively.

At the end of the polls, the Petitioner/Appellant scored 1148 votes, the respondent scored 3941 votes while Odenigbo scored 297 votes. The first respondent was therefore declared the winner of the election.

The appellant was dissatisfied with the results declared and filed this petition challenging the results of the Local Government Election Tribunal sitting at owerri.

On three grounds:-

(1) that the said election was voted voided by corrupt Practices under the relevant Decree.

(ii) that the 1st Respondent was not duly elected by the majority of lawful votes cast at the election

(iii) that the said election was marred and-affected by irregularities.”

The Tribunal after hearing evidence and the submissions of learned counsel and in its Judgment delivered on 15/2/99 upheld the second prayer, cancelled the results in wards J.13 and J.17 and ordered a bye-election in the two wards.

Dissatisfied with the Judgment, the petitioner/appellant filed three grounds of appeals-

(i) The Tribunal erred in Law when it merely ordered a fresh election at polling station J.13 and J.17.

PARTICULARS

(a) BY simple mathematical calculation the Appellant after subtracting all illegal votes recorded, scored the majority of lawful votes cast at the election.