AGBOOLA HOSEA AYOOLA V. DR. WALE OKEDIRAN PEOPLES’DEMOCRATIC PARTY INDEPENDENTNATIONAL ELECTORAL COMMISSION V. PEOPLES’DEMOCRATIC PARTY V. DR. WALE OKEDIRAN AGBOOLA HOSEA AYOOLA INDEPENDENTNATIONAL ELECTORAL COMMISSION V. INDEPENDENT NATIONAL ELECTORAL COMMISSION V. DR. WALE OKEDIRAN AGBOOLA HOSEA AYOOLA PEOPLES’ DEMOCRATIC PARTY (PDP)
(2012) JELR 56327 (CA)
Court of Appeal
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CA/I/EPT/NA/37/2011
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24 Jan 2012
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Nigeria
Coram
Appearances
Adenipekun, SAN holding the brief of Mallam Yusuf O. Ali, SAN (with him, Olatunde Lawal Esq., S. O. Jimoh Esq., B. R. Gold, N. A. Olajide, M. A.Adigun, O. F. Awomolo, C. Maduka, S.Y. Adenipekun,
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A. K. Abimbola & M. Sulaiman) - for the 1st Appellant/1st Cross- Respondent.
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A. R. Ogunwole, SAN (with him, J. D. Olaniyan and J. Olufokun) - A
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for the 2nd Appellant/2nd Cross-Respondent.
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O. O. Oke, SAN (with him, I. A. Saka, A. O. Oladele, O. S. Akinbode and A. F. Arowobusoye (Miss)) - for the 3rd Appellant/ 3rd Cross-Respondent.
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Oluwarotimi O. Akeredolu, SAN (with him, M. F. Lawal, K. B
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Badamosi, Victor Adewale and Babatunde Akinola) - for the 1st
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Respondent/Cross-Appellant.
Judgement
SAULAWAJCA (Delivering the Lead Judgment): The instant judgment is in respect of the three consolidated appeals registered as (i) CA/I/EPT/ 37/2011; (ii)CA/I/EPT/37A/2011 and(iii) CA/I/EPT/37B/2011, respectively. The three appeals in question are a fallout of the ruling of the National and State Houses ofAssembly Election Tribunal, holden at Ibadan, Oyo State, on 29 November 2011. By the said ruling, the lower tribunal dismissed the appellants’consolidated applications seeking to dismiss the 1st respondent’spetition No. EPT/OY/NA/4/2011 on the grounds (i) that he had failed to apply for the issuance of pre-hearing conference notice, in accordance with paragraph 18(1) of the First Schedule to the Electoral Act, 2010, as amended, and (ii) the lower tribunal lacks jurisdiction to hear and, determine the petition on the merits in view of the provisions of section 285(6) and (7) of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
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