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SUNDAY ADENIYI v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

(2008) JELR 42425 (CA)

Court of Appeal  •  CA/I/EPT/HA/8/2008  •  11 Dec 2008  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA; CHIDI NWAOMA UWA JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal arose out of the decision of the Governorship and Legislative Houses Election Tribunal, sitting at Abeokuta, Ogun State (hereafter called the tribunal), delivered on the 25th day of October, 2007.

In its ruling, the Tribunal upheld a motion/preliminary objection filed by the 3rd and 15th Respondents and struck out the petition as incompetent.

Being dissatisfied with the decision, the Petitioner/Appellant filed the appeal before this court against the decision on the 15th of November, 2007. There were nine (9) grounds of appeal.

The background facts are that the Appellant/Petitioner was a candidate at the Governorship and Legislative Houses Election held on 14th April,2007. The 3rd Respondent Mr. Isaac O. Solaja was one of the other candidates at the election.

The Appellant/Petitioner was credited with 4,546 votes while the Respondent was credited with 12,487 votes. The latter was returned as having been duly elec…

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