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ACTION CONGRESS OF NIGERIA V. JIMOH AFIZ ADELOWO & ORS.

(2012) JELR 34726 (CA)

Court of Appeal  •  CA/I/EPT/NA/2/2012  •  12 Oct 2012  •  Nigeria

Coram
MONICA B. DONGBAN MENSEM JCA; CHIDI NWAOMA UWA JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Appearances
Kazeem A. Gbadamosi Esq, with Bolaji Agoro Esq., Fadare A. Yakubu Esq., Oyelakin Oyedokun Esq., B. D. Philips Esq,, Lateef O. Yusuf Esq., I. A. Kareem-Ojo Esq. For Appellant W. A. Olajide Esq. with T. B. Oyekanmi (Mrs), Titilayo Malaolu (Miss) for the 1st and 2nd Respondents.Kolawole Orejimi Esq. holding the brief of Kunle Faokunla Esq. for the 3rd Respondent. For Respondent

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of the Election petition Tribunal sitting in Ibadan (hereafter referred to as the Tribunal,) delivered on 16th August, 2012 wherein the petition of the petitioner now Appellant challenging the return of the 1st Respondent as the winner of the election in the Federal House of Representatives seat for Irepo/Oorelope/Olorunsogo Federal Constituency was dismissed.

The background facts are that the petitioner challenged the declaration and the return of the 1st Respondent Jimoh Afiz Adelowo, sponsored by the 2nd Respondent for the elections of 28th January, 2012 and 11th February, 2012 respectively, conducted by the 3rd Respondent (Independent National Electoral Commission) by a petition dated 2nd March, 2012 and filed on the same date, based on the grounds of non-qualification of the 1st Respondent non-compliance by the 1st Respondent with the Electoral Act 2010 as amended and the manuals for t…

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