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MR. OLUMUYIWA SAMOND BUSARI ACCORD V. MR. SUNDAY ADEPOJU ALL PROGRESSIVES CONGRESS (APC) INDEPENDENT NATIONAL ELECTORAL COMMISSION

(2015) JELR 57020 (CA)

Court of Appeal  •  CA/I/EPT/REP/08/2015  •  8 Oct 2015  •  Nigeria

Coram
HARUNA SIMON TSAMMANI JCA (Presided and Read the Lead Judgment) OBIETONBARA DANIEL-KALIO JCA NONYEREM OKORONKWO JCA

Appearances
Michael F. Lana, Esq. (with him, Folarin Odeyale, Esq.; Damilola Ojopagogo, Esq. and Akinbanjo Akinwalire, Esq.) - for the Appellants. -*- Bolaji Agoro, Esq. (with him, A. O. Oladele, Esq. and A -*- Joseph Adeoye, Esq.) - for the 1st Respondent. -*- Otunba Olayinka Bolanle (with him, Yakub A. Fadare, Esq.) - for the 2nd Respondent. -*- S. O. Ajayi, Esq. (with him, O. Ayandipo, Esq.) - for the B -*- 3rd Respondent.

Judgement

TSAMMANI JCA (Delivering the Lead Judgment): On 28 March 2015, election was conducted by the 3rd respondent forthe seat representing the Ibarapa East/Ido Constituency in the Federal House of Representatives. The 2nd appellant sponsored the 1st appellant as a candidate for the seat, while the 1st respondent contested the said election on the platform of the 2nd respondent. At the conclusion of the election, the 3rd respondent declared the 1st respondent the winner of the election with a total of 20,036 votes against that of the 1st appellant who emerged runner-up with a total of 8,915 votes. The appellants were aggrieved by the declaration and therefore filed a petitionagainst the declaration and return of the 1st respondent by the 3rd respondent, before the National and State Houses of Assembly Election Petition Tribunal sitting at Ibadan. The petition which is contained at pages 1 - 30 of the record of appeal was dated and filed on 18 April 2015. By paragraph 4(1)(a) and (b) of the…

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