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MR. OLAYINKA S. BOWALE PEOPLES’ DEMOCRATIC PARTY (PDP) V. MR. ADEBAYO ADEBOLA ADEKOYA ALL PROGRESSIVES CONGRESS (APC) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESIDENT ELECTORAL COMMISSIONER (REC), OGUN STATE

(2015) JELR 57753 (CA)

Court of Appeal  •  CA/IB/EPT/HA/17/2015  •  7 Dec 2015  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA (Presided and Read the Lead Judgment) HARUNA SIMON TSAMMANI JCA OBIETONBARA DANIEL-KALIO JCA

Judgement

MSHELIA JCA (Delivering the Lead Judgment): On 11 April 2011, the Independent National Electoral Commission (INEC), (3rd respondent) conducted elections into the various constituencies of the Ogun State House of Assembly amongst other similar elections in Nigeria. While declaring the result of the 1st respondent as the candidate who scored the majority of valid votes and the winner of the election, he was credited with 14,320 votes. The petitioner who scored and was credited with 8,066 was dissatisfied with the result of the election and sought to challenge same in election petition No. EPT/OGSA/ABK/ 003/2015 dated and filed on 30 April 2015 before the National Assembly and State House Election Petition Tribunal sitting in Abeokuta, Ogun State.

The petition is predicated on 3 grounds. They are:

The 1st respondent, Mr. Olayinka S. Bowale was not duly elected by majority of lawful votes cast at the election and therefore did not, meet or satisfy the requirements of the law to be returne…

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