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MURAINO AYANTOLA & ANOR. V. ACTION CONGRESS & ORS.

(2008) JELR 53060 (CA)

Court of Appeal  •  18 Jul 2008  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA (Presided) IGNATIUS IGWE AGUBE JCA CHIMA CENTUS NWEZE JCA ( Read the Lead Judgment)

Judgement

NWEZE JCA (Delivering the Lead Judgment): The distinguished President of this Court, in the undoubted exercise of the plenitude of powers he is vested with under section 285(3) of the Constitution of the Federal Republic of Nigeria, 1999 and the ElectoralAct, 2006, set up election petition tribunals in the country. One of the tribunals - the Governorship and Legislative Houses Election Petition Tribunal of Kwara State - delivered the judgement, the subject of this appeal.

On 31 January 2008, in furtherance of its mandate, the said Governorship and Legislative Houses Election Petition Tribunal of Kwara State (herein after referred to as “the lower tribunal”) delivered judgment in petition No. KWS/SAEPT/8/07.

Dissatisfied with that judgement, Muraino Ayantola and Peoples’ Democratic Party, on the one hand, and Independent National Electoral

Commission, on the other hand, appealed to this court. In the first appeal,

Muraino Ayantola and Peoples’Democratic Party are the appellants. Action C…

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