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SALAU ITOPA BELLO & ANOR. V. SADIQ ASEMA MOHAMMED & ORS.

(2008) JELR 37278 (CA)

Court of Appeal  •  CA/A/EP/313/2007  •  29 Apr 2008  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA; OYEBISI FOLAYEMI OMOLEYE JCA;

Appearances
Chief U. M Enwere with him J. M. Ohieku and D. Briggs appear for the appellants in the main appeal and for 1st and 2nd Respondents in the in Interlocutory appeal. For Appellant Mr. M. J Akubo, T. O. Adejo with him for the 3rd - 112th Respondents in the main appeal and interlocutory appeal.Mr. Onoja appears for the 1st Respondent with him W. Ameh and E. Aruwa, and appellant in the Interlocutory Appeal.Mrs. Abadeka appears for the 2nd Respondent, Mr. A. O. Igoh with him. For Respondent

Judgement

OLUFUNLOLA OYELOLA ADEKEYE, J.C.A. (Delivering the Leading Judgment): In an application filed on 22/1/08 and argued on 31/1/08, the interlocutory appeal CA/A/EP/213/07 was consolidated with the substantive appeal CA/A/EP/313/07 with consent of the parties. It is observed that both appeals arose from the same petition and the issues for determination in both appeals can be conveniently and expeditiously disposed of in one common appeal.

The appeal is against the judgment of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal sitting at Lokoja delivered on the 8th of October, 2007. The election into the House of Representative Ajaokuta Federal Constituency took place on the 21st of April, 2007. The election was contested by different political parties. The 3rd-112th Respondents, Independent National Electoral Commission declared the following figures for the contestants at the election

(1) Action Congress- S. I. Bello - 2,363

(2) All Nigeria Peoples Par…

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