ONYEJEKWE V ONYEJEKWE
June 27, 2025LIASU ADEPOJU VS RAJI OKE
June 27, 2025Legalpedia Citation: (1999) Legalpedia (CA) 79931
In the Court of Appeal
Fri Mar 12, 1999
Suit Number: CA/C/EPA/33/99
CORAM
ISAIAH OLUFEMI AKEJU JUSTICE, COURT OF APPEAL.
JOSEPH TINE TUR JUSTICE, COURT OF APPEAL.
IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, COURT OF APPEALZAINAB ADAMU BULKACHUWA JUSTICE, COURT OF AP
PARTIES
ELEMI ELE IKE APPELLANTS
1. EDOGI EKONO ENANG2. INDEPENDENT NATIONAL ELECTORAL COMMISSION3. MR. EDU AZOGO (Presiding Officer, Imahana Ward II Abi Local Government Area) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent/Appellant and the 1st Petitioner/Respondent were candidates for the Councillorship election for Imabana Ward II of Abi Local Government Area of Cross River State. The Respondent and 1st Petitioner under the umbrella of the All Peoples Party (A.P.P) and the Peoples Democratic Party (P.D.P) respectively, contested in the election held on the 5th of December 1998. At the end of the election, the Respondent/Appellant was declared and returned as the winner of the election. Displeased with the election results, the 1st Petitioner/Respondent filed a petition at the Election Tribunal challenging the result of the election. The 1st Petitioner/Appellant claimed that he scored majority of votes cast at the election and that infact the five hundred votes cast at Ikpalegwa play ground polling unit No. CR/09/01/08F were actually scored by him but erroneously credited to the Respondent/Appellant who scored nothing at the polling unit. The Election Tribunal decided in favour of the 1st Petitioner/Respondent and declared him as the winner of the election. Dissatisfied, the Respondent/Appellant lodged the instant appeal.
HELD
Appeal dismissed.
ISSUES
Whether the ballot papers for which the Local Government Election Tribunal based its judgment were properly before the Tribunal.Was the petitioner/respondent entitled to be declared duly elected in view of the evidence before the tribunal? Whether or not the tribunal was right not to have made a finding on the issue of serial numbers
RATIONES DECIDENDI
EXHIBITS – THE MERE FACT THAT THE BALLOT PAPERS WERE NOT MARKED AS EXHIBIT DOES NOT DETRACT FROM ITS RELEVANCE AND WEIGHT TO BE ATTACHED TO THEM.
“Although, for the purpose of identification, the ballot papers should have been marked as exhibits, but the mere fact that they were not so marked does not detract from their relevance and the weight to be attached to them.” PER S. O. EKPE, J.C.A
TECHNICALITIES – THE DAYS OF LEGAL TECHNICALITIES ARE OVER AS THE COURT NOW AIMS AT DOING SUBSTANTIAL JUSTICE.
“It is trite law that the days of legal technicalities are over as the courts nowadays aim at doing substantial justice. See Long-John v. Blakk (1998) 6 NWLR (Pt.555) 524; (1998) 5 SCNJ 60 at 87.” PER S. O. EKPE, J.C.A.
INCOMPETENT GROUND OF APPEAL – NO ISSUE CAN BE FORMULATED FROM AN INCOMPETENT GROUND OF APPEAL.
“Where a ground of appeal is incompetent and is struck out, it is therefore, of necessity follows that an issue formulated from it is also incompetent and must be struck out or discountenanced by the court.” PER S. O. EKPE, J.C.A.
CASES CITED
STATUTES REFERRED TO
Court of Appeal Rules 1981 as amendedLocal Government (Basic Constitutional and Transitional Provisions) Decree No. 36 of 1998
