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PASTOR AKINGBOYE LEKE DAVID & ANOR V. PRINCE ABAYOMI B. AKINRUNTAN & ORS

(2015) JELR 40456 (CA)

Court of Appeal  •  CA/AK/EPT/HA/51/2015  •  14 Aug 2015  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Appearances
O. B. Tobase Esq., Olorunfemi Rotimi Mchenry Esq., Idowu Madimisebi Esq., Magnus Arautene Esq. and Richard Alomore Esq for the Appellants. For Appellant Dayo Akinlaja, SAN, FCIArb., Adeoti Adejuyigbe (Mrs) Esq., Yomi Akinfemiwa, Esg., Olabanjo Ayenakin, Esq., Amos Fajoju, Esq., Ibukun Fasanmi, Esq., John Daramola, Esq. and Ibitayo Owolabi, Esq. for the 1st Respondent.Aderemi Olatubora, Esq., Oyewole Awofade, Esq., Kehinde Aladedutire, Esq., Adelani Ajibade, Esq., Olumide Ogidan, Esq., Abiola Taiwo (Miss), Adekunle Olowu, Esq. and Oluwamuyiwa Olugola, Esq. for the 2nd Respondent.S. U. Jabata Esq., Adokutu Jafar Esq., A. W. Yusuf Esq. and Oluwanifesimi O. Adekanbi Esq. for the 3rd and 4th Respondents For Respondent

Judgement

JAMES SHEHU ABIRIYI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the ruling of the National And State Houses of Assembly Election Petition Tribunal sitting at Akure Ondo State dismissing the petition of the Appellants on the ground that the Appellants did not comply with the provision of paragraph 18(1) of the First Schedule to the Electoral Act 2010 (as amended).

The 1st Respondent and the 1st Appellant were candidates in the elections held on 11th April 2015 to the Ondo State House of Assembly. The 1st Respondent was a candidate of the Peoples Democratic Party (PDP). The 1st Appellant was the candidate of All Progressives Congress (APC). At the end of the election, the Independent National Electoral Commission (I.N.E.C) declared the 1st Respondent winner of the election and returned him elected as member representing Ilaje Constituency I in the Ondo State House of Assembly.

?Dissatisfied with the declaration and return of the 1st Respondent as winner of the sa…

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