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PRINCE ABIODUN ADESIDA v. HON. IFEDAYO SUNDAY ABEGUNDE & ORS

(2009) JELR 47376 (CA)

Court of Appeal  •  CA/B/EPT/249/08  •  13 Jul 2009  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

OYEBISI F. OMOLEYE, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Governorship and National Assembly Election Petitions Tribunal, Ondo State (hereinafter referred to as the lower Tribunal) sitting at Akure, delivered on 26.06.2008.

Election was held on 21.04.2007 for the office of the member to represent Akure North/Akure South Federal Constituency of Ondo State in the Federal House of Representatives. The Appellant in this appeal, Prince Abiodun Adesida contested that election on the platform of the Peoples Democratic Party (PDP), while the 1st Respondent, Hon. Ifedayo Sunday Abegunde was the candidate of the Labour Party.

At the conclusion of the said election wherein a total of seven candidates contested, the Appellant was returned as the winner by the 2nd - 4th Respondents having being allegedly elected with Eighty Four Thousand, Two Hundred and Twenty One (84,221) votes.

The 1st Respondent was alleged to have polled Thirteen Thousand, E…

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