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ALLIANCE FOR DEMOCRACY V. FAYOSE & ORS

(2003) JELR 56823 (CA)

Court of Appeal  •  CA/IL/EP/GOV/1/2003  •  15 Oct 2003  •  Nigeria

Coram
O. OPENE, JCA SULEIMAN GALADIMA, JCA ABOYI JOHN IKONGBEH, JCA JOSEPH JEREMIAH UMOREN, JCA NWALE SYLVESTER NGWUTA, JCA

Appearances
A. O. Akanle (SAN) (with him, Owoseni Ajayi, Abayomi Adeosun, -*- A. O. Okeya, T. Ologuntoye) - for the 1st and 2nd Respondents. -*- T. Omonijo (with him, Omofolarin) - for the 3rd - 5th Respondents. -*- L. O. Fagbemi (SAN) (with him, A. Ojuawo, J. O. Olatoke, H. O. E -*- Afolabi, S. O. Ajayi, I. T. Adebayo) - for the Appellant. -*- Chief D. Ajayi (Att.-Gen., Ekiti State), A. Adeleye, T. J. Aderinsi

Judgement

OPENE, JCA (Delivering the Lead Judgment): In the Governorship election at Ekiti State held on 19th day of April, 2003, many registered political parties including the appellant - Alliance for Democracy (AD) and the Peoples Democratic Party sponsored their candidates in the election. The Peoples Democratic Party (PDP) sponsored 1st and 2nd respondents while the Alliance for Democracy (AD) sponsored one Otunba Adeniyi Adebayo and Chief Paul Alabi. At the end of the election, the 1st and 2nd respondents were declared elected. It was as a result of this that the appellant filed an election petition at the Election Petition Tribunal, Ado-Ekiti, Ekiti State challenging the election of the 1st and 2nd respondents. All the respondents filed their replies, but before the hearing of the petition, the 1st and 2nd respondents’ counsel filed a motion on notice praying the Election Tribunal

“for an order striking out the petition herein as proper petitioners have not been joined in the case.

And …

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