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CHIEF SIMEON SULE AJIBOLA V. CHIEF SULEIMAN MAKANJUOLA AJADI

(2004) JELR 57382 (CA)

Court of Appeal  •  27 Jan 2004  •  Nigeria

Coram
PATRICK IBE AMAIZU, JCA (Presided) WALTER SAMUEL NKANU ONNOGHEN, JCA JA'AFARU MIKA'ILU, JCA (Read the Lead Judgment)

Appearances
Dayo Akinlaja, (with him, Toyin Akanji, Esq.) - for the Appellant/ Respondent. -*- Yusuf O. Ali, SAN (with him, T. O. Ashaolu, Esq., J. Oyedepo, Esq., A -*- T. Oguntoye, Esq., K. K. Eleja, Esq., T. Ahmed, Esq., B. O. Balogun, -*- M. O. Ekundayo (Miss)) - for the 1st Respondent/Cross-Appellant. -*- U. Essien, Esq. - for the 2nd - 11th Respondents.

Judgement

MIKA'ILU, JCA (Delivering the Lead Judgment): The election to the Senate for Kwara South was held on the 12th day of April 2003. One Chief Simeon Sule Ajibola of Peoples’ Democratic Party (PDP) contested for that Senate seat. One other Chief Suleiman contested for that seat at the election. Other candidates at the election were:-

(1) Olaitan Kehinde, Esq., (Alliance for Democracy )

(2) J.B. Ayeni (All Progressive Grand Alliance )

(3) Abdul Ganiyu A. Yambi (National Democratic Party )

(4) Tiamiyu Sikiru (Progressive Alliance Congress )

(5) Osasona J. Dare (United Nigeria Peoples Party )

At the end of the day Chief Suleiman Makanjuola Ajadi who was a candidate for ANPP was returned and declared winner at the said election.

Chief Simeon Sule Ajibola of P.D.P. felt aggrieved and filed a petition in the NationalAssembly Tribunal and Governorship and Legislative Houses Election Tribunal sitting at Ilorin praying for the following:-

“(i) That it may be determined that the 1st respondent, Chief …

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