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JOSEPH OLUJIMI KOLAWOLE AGBAJE V. BABATUNDE RAJI FASHOLA (SAN) RESIDENT ELECTORAL OF FICER FOR LAGOS STATE RETURNING OFFICER FOR THE GOVERNORSHIP ELECTION OF LAGOS STATE INDEPENDENT NATIONAL ELECTORAL COMMISSION

(2008) JELR 57484 (CA)

Court of Appeal  •  CA/L/EPT/GOV./01/2007  •  14 Feb 2008  •  Nigeria

Coram
ISA AYA SALAM I (OFR) JCA (Presided) DALHATU ADAMU (OFR) JCA (Read the Lead Judgment) ADZIRA GANA MSHELIA JCA

Appearances
O. Ajayi SAN (with him, Chief Assam E. Assam SAN, O.C. Agbafo, -*- O.O.Mbamso, O. Osonubi (Miss), O. Diya (Miss) and O.Ayanlaja) B -*- - for the Appellant. -*- Chief Wole Olanipekun SAN (with him, Olusegun Idowu, Enbena Amedu, Amede Oputa (Miss), Yemisi Dada (Miss)) - for the 1st Respondent. -*- O. Badewole (Mrs) - for the 2nd - 4th Respondents.

Judgement

ADAMU JCA (Delivering the Lead Judgment): The appellant, as a petitioner, filed a petition atthe Governorship and Legislative Houses Election Tribunal of Lagos State challenging the election or declaration and return of the 1st respondent by the 2nd, 3rd and 4th respondents as the winner of theelection and as the elected Governor of Lagos State in the nationwide general election held on 14 April 2007. The appellant was nominated as the Governorship candidate under the platform of Democratic Peoples’Alliance (DPA), while the 1st respondent ran under the platform of Action Congress (AC) in the said election. There were also about 20 (twenty) other candidates for the same office who were sponsored or nominated by various other political parties and who contested in the election. Upon the declaration of the 1st respondent as the winner of the election, the appellant, as one of the candidates who lost, was aggrieved by the result and he filed his petition complaining that the said electi…

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