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ADELEKE FARIU AREBI V. IBRAHEEM ADEBOLA MOSHOOD GBABIJO & ORS.

(2008) JELR 46995 (CA)

Court of Appeal  •  CA/L/EPT/LAS/NA/05/07  •  30 May 2008  •  Nigeria

Coram
CLARA DATA OGUNBIYI JCA; PAUL ADAMU GALINJE JCA; ADZIRA GANA MSHELIA JCA;

Appearances
Otuoniyo; For Appellant Abudu;Titilayo Osagie (Mrs); For Respondent

Judgement

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the National Assembly/Governorship and Legislative Houses Election Tribunal, Lagos State sitting at Lagos delivered on 23rd day of October, 2007 dismissing the petition filed by the Petitioner (hereinafter referred to as appellant).

The facts of this case are simple: The appellant and the 1st respondent were candidates together with one other contestant in the recently concluded National Assembly Elections into the House of Representatives for Epe Federal Constituency of Lagos State. The appellant contested the election on the Platform of the PDP (Peoples Democratic Party) while 1st respondent contested on the Platform of the AC (Action Congress). At the conclusion of the election held on the 21st day of April, 2007, 1st respondent was returned by 2nd - 4th respondents as duly elected having scored the highest lawful votes of 26,757 as against the appellant who scored 20,940 votes.

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