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ADEGBOYEGA ISIAKA OYETOLA & ALL PROGRESSIVES CONGRESS V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC), ADELEKE ADEBOLA JACKSON NURUDEEN & PEOPLES DEMOCRATIC PARTY (PDP)

(2023) JELR 112598 (CA)

Court of Appeal  •  CA/AK/EPT/GOV/04/2023  •  24 Mar 2023  •  Nigeria

Coram
MUHAMMED LAWAL SHUAIBU, JCA CORDELIA IFEOMA JOMBO-OFO, JCA JAMES GAMBO ABUNDAGA, JCA

Appearances
Prince Lateef S. Fagbemi, SAN, (with Chief Akinlolu Olujimi, SAN, Nurtala Abdulrasheed, SAN, Mutalubi Ojo Adebanjo, SAN, Lukman Fagbemi SAN and Olakekan Thani, Esq) for the cross-appellants. Professor Paul C. Ananaba SAN, (with Emeka Okpoko, SAN, Chief Henry Akunebu, SAN, Olakunle Faokunla and Oluwole Jimi - Bada) for the 1st cross-respondent. Dr. Onyechi Ikpeazu, SAN, (with Tunde Afe-Babalola, SAN, Dr. Obinna Onya Esq., Julius Mba, Esq and Opemipo Osunleti, Esq) for the 2nd cross-respondent. DR. Alex Izinyon, SAN, (with N. O. O. Oke, SAN, Olurotimi Alli Esq, C. S. Ekeocha, Esq and I. T. Tewogbade, Esq) for the 3rd cross-respondent.

Judgement
<p style="text-align: justify"><strong>MUHAMMED L. SHUAIBU, JCA (Delivering The Leading Judgement):</strong> This is a Cross-appeal against part of the judgment of the Governorship Election Petition Tribunal, Osun State delivered on 27th  January, 2023 wherein the tribunal found that the 2nd Cross-respondent had presented a forged certificate to the 1st Cross-respondent. Rather than hold that the 2nd Cross­ respondent was not qualified to contest the Governorship Election of 16th July, 2022, the tribunal held that the 2nd Cross-respondent was still qualified to contest the election.</p><p style="text-align: justify">Dissatisfied, Cross-appellants appealed to this court through a notice of Cross-appeal filed on 9th February, 2023. Briefs were filed and exchanged in accordance with the extant Practice Directives.</p><p style="text-align: justify">In the Cross-appellants&#x27; brief, filed on 21st February 2023, the fallowing two issues were nominated for determination and these are:</p><ol><li><p style="text-align: justify"><em>Whether in view of the Tribunal&#x27;s decision that the Cross­</em> <em>appellants have proved the allegation of forgery of parts of Exhibit…</em></p></li></ol>

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