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ANSLEM AGBABI v. ADJOTO KABIRU & ORS

(2009) JELR 47479 (CA)

Court of Appeal  •  CA/B/EPT/127/2008 (CON)  •  13 Jul 2009  •  Nigeria

Coram
GEORGE OLADEINDE SHOREMI JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivered the Leading Judgment): Elections were held on 14th April, 2007 to fill the seats earmarked for the Edo State House of Assembly. A number of political parties fielded and sponsored candidates to contest the election. The appellant herein, Mr. Anslem Agababi was the candidate of the Peoples Democratic Party - PDP (3rd Respondent/Appellant). The 1st Respondent herein, Mr. Adjoto Kabiru was the candidate of the Action Congress - AC, (2nd Respondent/Cross-Appellant). After the elections and along the line, INEC (4th Respondent herein) announced the results of the election wherefor it declared and returned the Appellant as the duly elected candidate for the Akoko Edo I Constituency of the Edo State House of Assembly.

The 1st and 2nd Respondents were aggrieved with the result of the election. They filed a petition NO.EDSA/EPT/16.07 before the Edo State Governorship and Legislative Houses Elections Tribunal. It is a 43 paragraph petition dated 10t…

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