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ACTION CONGRESS OF NIGERIA & ANOR v. RAPHAEL NOMIYE & ORS.

(2011) JELR 33426 (CA)

Court of Appeal  •  CA/AK/EPT/HR/3/2011  •  23 Sep 2011  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the National and State House of Assembly Election Tribunal Akure Ondo State delivered on the 14th day of July, 2011 in which the Tribunal dismissed the petition of the appellants as abandoned for failure to apply for pre-hearing session as required by law. We heard the appeal on the 25th day of August 2011. We delivered judgment that same day dismissing the appeal and indicated that reasons will be given later. We now give the reasons.

The 2nd appellant, Rawa Felix Emiloju was sponsored by the 1st appellant Action Congress of Nigeria (ACN) in the election conducted by the 3rd respondent, INEC for the Ilaje/Ese-Odo Federal Constituency in the House of Representatives held on 9/4/2011. The 1st respondent, Raphael Nomiye sponsored by the 2nd respondent, Labour Party (LP) was declared the winner of the election with 29,905 votes. The 2nd appellant scored 3,394 votes. There were other ca…

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