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AIYEDOGBON SAMUEL DURO V. INDEPENDENCE NATIONAL ELECTORAL COMMISSION & 20 ORS.

(2010) JELR 33301 (CA)

Court of Appeal  •  CA/I/EPT/NAHR/60/08  •  23 Nov 2010  •  Nigeria

Coram
KUDIRAT M. O. KEKERE-EKUN JCA; MODUPE FASANMI JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

KUDIRAT M. O. KEKERE-EKUN, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the Governorship and Legislative Houses Election Tribunal, Abeokuta, Ogun state (hereinafter referred to as the lower Tribunal) delivered on 3/11/07 wherein the appellant's petition was struck out for non-compliance with the provisions of paragraph 4 (r) (b), (c) and (d) of the First Schedule to the Electoral Act.

The appellant herein contested the election heard on 21/4/07 into the Federal House of Representatives in Ado Odo/Ota Federal Constituency of Ogun State on the platform of All Nigeria Peoples Party (ANPP) while the 3rd respondent contested the election on the platform of the peoples Democratic Party (PDP). At the conclusion of the election the 3rd respondent was returned as the winner having scored 78, 707 votes as against 6, 150 votes scored by the appellant. Being dissatisfied with the result, the appellant filed a petition before the lower Tribunal seeking the foll…

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