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ALHAJI AKINOLA SIKIRU ALLI & ANOR. V. HON. ADEGOKE SAHEED ADEWALE & ORS.

(2012) JELR 35230 (CA)

Court of Appeal  •  CA/I/EPT/SH/01/2012  •  3 May 2012  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; ADZIRA GANA MSHELIA JCA; MODUPE FASANMI JCA;

Appearances
Michael F. Lana with B. Akinola Esq., O. Okeke Esq. and B. Alabi For Appellant D. A. Titilola for 1st and 2nd Respondents, B.O. Oyedapo (held brief) of Kayode Olatunji for 3rd Respondent. For Respondent

Judgement

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the National and State Houses of Assembly Election Petition Tribunal sitting at Ibadan delivered on 13th December, 2011 dismissing the application of the Appellants.

The background facts leading to this appeal could be summarized thus:

The Independent National Electoral Commission (3rd Respondent) conducted an Election into the Oyo state House of Assembly seat for Ibadan South East State constituency 11, Oyo State on the 26th Day of April, 2011 and upon the conclusion of the said election declared the result and returned Alhaji Akinola Sikiru Alli, the 1st Appellant who contested on the platform of Action Congress of Nigeria, (A.C.N.) as winner. Not satisfied with the results declared, the 1st and 2nd Respondents as petitioners challenged the result of the election by filing a petition before the trial tribunal. The petition which was filed on the 18th May, 2011 is as set out on pa…

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