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SENATOR IBIKUNLE AMOSUN V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2010) JELR 47868 (CA)

Court of Appeal  •  CA/I/EPT/GOV/01/2009  •  8 Mar 2010  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA TIJJANI ABDULLAHI JCA HELEN MORENKEJI OGUNWUMIJU JCA ADZIRA GANA MSHELIA JCA ADAMU JAURO JCA

Appearances
Yusuf M. Ali, SAN, Chief A. Akintola, SAN, Chief R. Clerk, SAN, B. Aladegobi, Dr. W. Egbewote, Chief Yomi Aliyu, Chief R. Famuyibo, Hassan Fajimite, J. O. Odugbela, F.A. Awofolaju (Ms) K. K. Eleja, Ahmed Akanbi, N. N. Adegboge, T. Akintade, E. Okocha (Mrs) Ismail Ajibade, A. O. Akinwande, Yinka Fajimiroye, Dayo Agbola (Mrs) Kunle Adeola, O. Eabose, M. A. Taiwo, and T. A. Akinsola For the Appellant. Olayode O. Delano with M. AkinmadeProfessor T. Osipitan, SAN, Tayo Oyetibo, SAN, Chief Kemi pinhero, SAN, O. Kunle Kalejaiye, SAN, Dr. A. Onigbide, Buge Shobanjo, O. J. Akinwale, Bayo Ilori and John Aga For the Respondent.

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the Governorship and Legislative Houses Election Tribunal sitting at Abeokuta, Ogun State contained in the judgment delivered on the 27th August, 2009 in election petition No.EPT/06/GOV/02/2007. That Tribunal would hereafter be named the Tribunal.

The Appellant had presented the aforementioned petition by which he questioned the return of the 3rd Respondent as the duly elected Governor of Ogun State in the Governorship election conducted in the state by the 1st Respondent on the 14th day of April, 2007. The Appellant sponsored for the election by the All Nigerian Peoples Party (ANPP) and the 3rd Respondent sponsored by the Peoples Democratic Party (PDP) were among other candidates who contested or participated in the said election.

The grounds on which the Appellant questioned the election of the 3rd Respondent were not set out in the initial petition filed on the 7/5/07 or the amended …

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