CHIEF THEOPHILUS BAMIGBOYE ENGR. IDRIS GANA UMAR ACCORD PARTY V. DR. BUKOLA SARAKI CHIEF JOEL OGUNDEJI PEOPLES’ DEMOCRATIC PARTY INDEPENDENT NATIONAL ELECTORAL COMMISSION RESIDENT ELECTORAL COMMISSIONER, KWARA STATE/KWARA STATE RETURNING OFFICER THE ELECTORAL OFFICER, BARUTEN L.G.A THE ELECTORAL OFFICER, KATAMA L.G.A. THE ELECTORAL OFFICER, PATIGI L.G.A. THE ELECTORAL OFFICER, EDU L.G.A. THE ELECTORAL OF FICER, IFELODUN L.G.A. THE ELECTORAL OF FICER, IREPODUN L.G.A. THE ELECTORAL OFFICER, ISIN L.G.A. THE ELECTORAL OFFICER, OFA L.G.A. THE ELECTORAL OFFICER, OYUN L.G.A. THE ELECTORAL OFFICER, EKITI L.G.A. THE ELECTORAL OFFICER, OKE-ERO L.G.A. THE ELECTORAL OFFICER, ILORIN EAST L.G.A. THE ELECTORAL OFFICER, ILORIN WEST L.G.A. THE ELECTORAL OFFICER, ILORIN SOUTH L.G.A. 20 THE ELECTORAL OFFICER, ASA L.G.A. SULEIMAN ALFA SEKO ALHAJI SHA’ABA LAFIAJI JAMES WANGWA HON. TIMOTHY SABA ALHAJI GANIYU COOK OLODODO ADEBAYO ABDULLAHI AKINSE OMOWALE TUNDE OJULARI MR. YINKA ALUKO ALHAJI WAHABI ISSA BARRISTER AKINMADE ABOLARIN CHIEF JOHN ABIDOYE OTUNBA BODE ALABODE OYEDEPO ALHAJI YAHAYA BAGUDU HON. YUSUF USMAN CHIEF EMMANUEL ADESOYE ALHAJI JA’AFAR BIO 38 SENATOR MOHAMMED AHMED ALHAJI ISA BIO IBRAHIM MR. ZAKARI MOHAMMED ALHAJI IBRAHIM WORU ALHAJI ALIYU ISSA DIVISIONAL POLICE OFFICER, EKITI DIVISIONAL POLICE OFFICER, OMU ARAN ALHAJI BIBIRE AJAPE ALHAJI NIMOTA IBRAHIM THE ELECTORAL OFFICER, MORO
(2009) JELR 56562 (CA)
Court of Appeal
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CA/IL/EPT/GOV/8/2007 CA/IL/EPT/GOV/23/2008
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16 Feb 2009
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Nigeria
Coram
MUSA DATTIJO MUHAMMAD JCA (Presided) JIMI OLUKAYODE BADA JCA (Read the Lead Judgment) ADZIRA GANA MSHELIA JCA MOJEED ADEKUNLE OWOADE JCA SIDI DAUDA BAGE JCA
Appearances
Mr. Salman Jawondo (with him, Saka Ayodeji Rasak Esq., Jumoke Bamigboye (Mrs.), Y. M. Ali-Agan Esq., Adebanjo Owoeye Esq. - for the Appellants.
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Mr. A. O. Adelodun SAN (with him, A. A. Ibrahim Esq., A. S. Oyinloye Esq., I. K. Imam Eleshinla Esq., Gani Rufai Esq., Tunde Olomu Esq., G
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Y. L. Akanbi Esq., MuritalaAdio Esq., A. Abdul Kareem Esq., K. T. Sulyman (Miss), Ahmed AbdulYakeen Esq. and B. B. Eleja (Mrs.) - for the 1st and 2nd Respondents.
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Chief Duro Adeyele SAN (with him, Taiye Oniyide Esq., Gbenga
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Ojo Esq., Chinwe Egbujor, Efe Etejere (Miss) and Edemekong Ekong H
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- for the 3rd Respondent.
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Mr. A. O. Mohammed Esq. (with him, Akin Akintoye Esq., Dauda Gidado Esq., Rotimi Oyagbola Esq., Musa Gafar Esq., Ismail Jatto
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Esq., Bunmi Balogun (Miss) and Nwando Okonkwo (Miss) - for the 4th to 20th Respondents.
Judgement
BADA JCA (Delivering the Lead Judgment): This is a consolidated appeal against the ruling and judgment of the National Assembly/ Governorship/Legislative Houses Election Petition Tribunal sitting at Ilorin in the Kwara State of Nigeria delivered on 4 October 2007 and 16 July 2008 respectively.
This appeal i.e. CA/IL/EPT/GOV/8/2007 was consolidated with the appeal No: CA/IL/EPT/GOV/23/2008 by an order of this court made on 2 December 2008.
The 1st appellant was the Governorship candidate sponsored by Accord Party while the 1st respondent was the Governorship candidate sponsored by the Peoples’Democratic Party.
By an application filed on behalf of the appellants, they sought for the following reliefs: An order of the tribunal allowing the petitioners/applicants and directing the 4th - 20th and 47th respondents to allow the petitioners/applicants and or their solicitors to use forensic/ finger print experts to inspect and/or take copies of the electoral materials/documents stated in the F…
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