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MR. UWAMOSE OSAZUWA AMADASUN & ANOR. V. MRS. ELIZABETH UYIMWEN ATIVIE & ORS

(2009) JELR 47472 (CA)

Court of Appeal  •  CA/B/EPT/61/2008  •  30 Apr 2009  •  Nigeria

Coram
GEORGE OLADEINDE SHOREMI JCA; HELEN MORONKEJI OGUNWUMIJU JCA; ALI ABUBAKAR BABANDI GUMEL JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A., (Delivering the Leading Judgment): This is an appeal against the judgment of the Edo State National Assembly, Governorship and State House of Assembly Elections Petitions Tribunal delivered on 28th January, 2008. The 1st Appellant as the candidate of the 2nd Appellant contested the 14th April, 2007 election into the Edo State House of Assembly for Uhunmwode Constituency. At the end of the election, the 3rd-5th Respondents declared the 1st Respondent as the winner of the election.

The appellants were dissatisfied with the outcome and result of the election as well as the declaration and return of the 1st Respondent as the duly elected candidate of the 2nd Respondent for the Uhunmwode Constituency. Upon this background, the appellants, as petitioners, filed a petition challenging the result of the election. This petition is dated 11th May, 2007 but was filed on 14th May, 2007. It is predicated on 3 grounds. They are:-

a) That the Uhunmwode Constituen…

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