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OLUWAROTIMI AKEREDOLU, SAN & ANOR V. RAHMAN O. MIMIKO & ORS.

(2013) JELR 36072 (CA)

Court of Appeal  •  CA/EPT/AK/GOV/05/13  •  19 Apr 2013  •  Nigeria

Coram
TIJANI ABDULLAHI JCA; ALI ABUBAKAR B. GUMEL JCA; MASSOUD A. OREDOLA JCA; UCHECHUKWU ONYEMENAM JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Appearances
Chief Akin Olujinmi, CON, SAN.; Wole Aina, Esq.; S. T. Babafemi (Mrs.); Adekola Olawoye, Esq.; Oluwole O. Ajisafe, Esq.; Victor Olatoyegun, Esq.; Charles Titiloye, Esq.; Funso Aragbada, Esq.; Bola Alabi, Esq.; Bisi Ayeni, Esq.; Bode Famakin Esq.; Aregbesola D. Ajibola, (Miss); S. Olubola, Esq.; Peter Aigbe, Esq.; Onome P. Omoru (Miss); Blessing Ebofereme (Miss); Abdulrazak Adeoye, Esq.; and Abiodun Olaide, Esq. For Appellant Ricky Tarfa, SAN.; with Kunle Ijalana, Esq.; Abimbola Adeleye-George, Esq.; Duduyemi Ajewole, Esq.; and Akeem olaniyan for the 1st respondent.Prof. W. Egbewole; R. O. Balogun, Esq.; and A. O. Abdulkadir for the 2nd respondent.Wale Balogun, Esq.; and C. I. Nwokeocha for the 3rd respondent. For Respondent

Judgement

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Governorship Election Tribunal sitting in Akure, Ondo State, delivered 25th February, 2013. The tribunal had in the ruling dismissed an oral application by the petitioners (herein the appellants) to demonstrate through the PW35, one Sunday Adekunle the content of Exhibits P50(A) and P50(B) using electronic gadgets. The tribunal in its ruling refused the application.

The brief and relevant facts leading to the appeal are that sequel to the Governorship election in Ondo State conducted by the 3rd respondent on 20th October, 2012, the 1st respondent and eleven other candidates took part in the said election as candidates of their parties. The 1st respondent was declared the winner of the election and accordingly returned as the Governor of Ondo State. The appellants were dissatisfied with the return of the 1st respondent and so challenged his declaration and retu…

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