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LEVIS OSARETIN AIGBOGUN & ANOR v. SUNDAY EGHE- OSAZEMWINDE & ORS.

(2009) JELR 33042 (CA)

Court of Appeal  •  CA/B/EPT/179/2008 (CON)  •  7 Jul 2009  •  Nigeria

Coram
VICTOR AIMEPEMO OYELEYE OMAGE JCA; GEORGE OLADEINDE SHOREMI JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment): The Appellants filed this appeal against the Judgment of the Governorship, and Legislative Houses Election Tribunal sitting in Benin Edo State delivered on the 7th of April 2008. The Appellant in appeal NO.CA/B/EPT/180/08 Levis Osaretin Aigbogun was the 1st Respondent at the tribunal below. He was the Candidate of the Peoples Democratic Party (PDP) for Ovia North East (i) Constituency in Edo State on the 14/4/07.

The 1st Respondent in the same appeal NO.CA/B/EPT/180/08 Sunday Eghe - Osazemwinde was the Candidate of the 2nd Respondent, the Action Congress (A.C.). The 3rd - 5th Respondents in the appeal were the Independent National Electoral Commission (INEC), and its officials that conducted the said election.

At the conclusion of the elections, the Appellant was declared Victorious and returned as elected. Aggrieved with the declaration and return, the 1st and 2nd Respondents, as Petitioners in the lower tribunal, commence…

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