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DEBO KAMAR AKANBI V. RAFIU ADEJARE BELLO & ORS.

(2010) JELR 46646 (CA)

Court of Appeal  •  CA/I/EPT/HA/92/08  •  11 May 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHIDI NWAOMA UWA JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A (Delivering the Leading Judgment): In the general elections of 14th April, 2007 into Ede North State Constituency seat of the Osun State House of Assembly in which the Appellant contested on the platform of Action Congress (AC) while the 1st Respondent who was returned as having won the election by the 3rd Respondent, Independent National Electoral Commission (INEC) contested on the platform of the 2nd Respondent (People's Democratic Party).

Aggrieved by the return of the 1st Respondent, the Appellant on 14th May, 2007 filed a petition before the Governorship and Legislative Houses Election Petition Tribunal sitting at Osogbo (hereinafter referred to as the Tribunal) in Petition No. HA/EPT/OS/11/07 challenging the return and declaration of the 1st Respondent as the candidate returned as the winner of the election on the ground of non-compliance with the mandatory requirements of both the Constitution of the Federal Republic of Nigeria 1999 and the Electoral Ac…

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