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OTUNBA A. ASALUOLA V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2008) JELR 47022 (CA)

Court of Appeal  •  CA/I/EPT/HA/24/2007  •  9 Jul 2008  •  Nigeria

Coram
JOH N AFOLABI FABIYI JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Governorship and Legislative Houses Election Tribunal, Abeokuta Ogun State (hereafter referred to as the Tribunal) delivered on the 1st day of August, 2007 wherein the Tribunal dismissed the petition as having been abandoned pursuant to paragraph 3 (4) of the Election Tribunal and Court Practice Directions, 2007.

The Appellant was the candidate of the ANPP under whose sponsorship he participated as a candidate in the Election into the Ogun State House of Assembly seeking to represent the Obafemi Owode Constituency at the said Assembly. The Elections were conducted into the said House of Assembly on 14th April, 2007 and the 3rd Respondent (Tunji Egbetokun) being the candidate of the 17th Respondent (peoples Democratic Party) was declared the winner by the 1st, 2nd 4th-16th Respondents (INEC).

The Appellant being dissatisfied with the conduct of the Election and the declaration arising …

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