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ALL NIGERIA PEOPLES PARTY & Anor v. GODWIN OJO OSIYI & Ors

(2008) JELR 48919 (CA)

Court of Appeal  •  CA/A/EP/311/07  •  12 May 2008  •  Nigeria

Coram
HON. JUSTICE JIMI OLUKAYODE BADA JCA; HON. JUSTICE OYEBISI FOLAYIME OMOLEYE JCA; HON. JUSTICE AYOBODE OLUJIMI LOKOLO-SODIPE JCA;

Judgement

OYEBISI F. OMOLEYE, J. C. A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Governorship and Legislative Houses Election Tribunal sitting in Lokoja, Kogi State delivered on the 9th day of October, 2007.

The facts of this case briefly are that on 28/4/07, the Independent National Electoral Commission (INEC) the 2nd Respondent conducted a general election into the House of Assembly of Kogi State.

At the end of the voting exercise and after the results were compiled, Godwin Ojo Osiyi candidate of the Peoples Democratic party (PDP) was declared as the winner and returned as the Member of the House of Assembly representing the Ogari / Magongo Constituency, Kogi State.

The 2nd Appellant Engineer Cornelius Elegbe - Soje alleged that he was the candidate validly nominated by the All Nigeria Peoples Party (ANPP) 1st Appellant but that he was unlawfully excluded from participating in that regard by INEC the 2nd Respondent. Aggrieved by this, the Appellants fileā€¦

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