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BARRISTER MOJI OKEDUI ABIMBOLA & ANOR. v. MR. MORUF OLAWALE ATILOLA & ORS.

(2009) JELR 33170 (CA)

Court of Appeal  •  CA/I/EPT/LH/29/08  •  23 Mar 2009  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

MODUPE FASANMI, JCA (Delivering the Leading Judgment): The facts briefly are that by a petition dated 14th May 2007, the Petitioners Mrs. Moji Okediji Abimbola and the Labour Party challenged the declaration and return of the 1st Respondent Mr. Moruff Olawale Atilola who was sponsored by the 2nd Respondent for the Election of 14/4/2007 conducted by the Independent National Electoral Commission into the Oyo State House of Assembly Election in respect of Oyo East and West Local Government Constituency. The grounds are stated in paragraph 13 of the Amended Petition thus:-

(1) The 1st Respondent was not duly elected by a majority of the lawful votes cast at the election.

(2) The election and return of the 1st Respondent is invalid by reason of corrupt practices and non-compliance with the Electoral Act 2006 and

(3) The 3rd Respondent did not comply with Electoral Act 2006 by their failure to display the voters register before the election of 14/4/2007.

In accordance with the provisions of…

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