CORAM

ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURT

DAHIRU MUSDAPHER JUSTICE, SUPREME COURT

IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT

PARTIES

CHIEF JOSEPH ADOLO OKOTIE-EBOH APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant claimed that the 1st respondent was disqualified from contesting the 3003 election on the  ground that he had been indicted for fraud by the then Bendel State Local Government Council Election Tribunal set up under the Local Government (Basic Constitutional and Transitional Provisions) in a judgment delivered on 20th March 1991 in Suit No. W/ET/1/90.  ?

HELD

The court held that the Bendel State Local Government Council Election Tribunal decision does not come within 66(1)(h) of the 1999 Constitution to disqualify the Respondent to contest the 2003 general election into the National Assembly.

ISSUES

1. Whether the Court of Appeal was right in striking out issues Nos. 2 and 3 which were submitted for determination by the Appellant on the ground that leave of court was not sought and obtained to raise them, the issues having been subsumed in issue No.1 therein.2. Whether the Court of Appeal was correct in considering the applicability of the provisions of sections 59-64 of the Local Government (Basic Constitutional Provisions) Act, Cap 213, Laws of Federation of Nigeria 1990 in relation to the eligibility of the Respondent to contest the 2003 general election into the National Assembly and in concluding that section 66 (1) (h) of the 1999 Constitution is not operative to disqualify him.

RATIONES DECIDENDI

CASES CITED

Aderoumu v. Olowu (2000) 4 N.W.L.R. (Pt.652) 253 at pp. 265 to 266Chidak v. Laguda (1964) N.M.L.R. 123 at p.125; Nwadike v. Ibekwe (1987) 4 N.W.L.R. (Pt66) 718 at 744Nteogwuija & Ors. v. Ikuru & Ors.Obodo v Olomu (1987) 3 N.W.L.R. (pt. 59) 111 at 123-124, Osafile v Odi (No.1) (1990) 3 N.W.L.R. (pt.137) 130

STATUTES REFERRED TO

The Constitution of the Federal Republic of Nigeria 1999

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