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MR. ADEKOYA ADESEGUN A. PEOPLES’ DEMOCRATIC PARTY (PDP) V. MR. ISMAIL BIYI ALL PROGRESSIVES CONGRESS (APC) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESIDENT ELECTORAL COMMISSIONER (REC), OGUN STATE

(2015) JELR 55325 (CA)

Court of Appeal  •  CA/1B/EPT/NA/11/2015  •  7 Dec 2015  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA (Presided) HARUNA SIMON TSAMMANI JCA O. DANIEL-KALIO JCA (Read the Lead Judgmen)

Judgement

DANIEL-KALIO JCA (Delivering the Lead Judgment): On 28 March 2015, the 3rd respondent, that is, the Independent National Electoral Commission (INEC) conducted an election for the purpose of electing a member to represent Ijebu North/ D Ogun Waterside/Ijebu East Federal Constituency in the House of Representatives of the Federal Republic of Nigeria. A number of candidates took part in the electoral contest. The 1st respondent, Mr. Ismail Biyi, was one of them. He contested on E the platform of the All Progressives Congress (APC).

Another contestant was the 1st appellant, Mr. Adekoya Adesegun A. He contested on the platform of the Peoples’

Democratic Party (PDP). At the end of the election, the candidate of the PDP, Adekoya Adesegun A. was declared the winner F having scored a total of 33,642 votes. His closet rival was Ismail Biyi of the APC. He got a total of 24,709 votes.

Aggrieved by the election result, Ismail Biyi and his party APC filed a petition before the National Assembly Electi…

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