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MR. BABATUNDE FALOLA & ANOR V. MR. SAMUEL ADEMOLA ADEJUMOBI & ANOR

(2008) JELR 47157 (CA)

Court of Appeal  •  CA/I/EPT/LH/5/07  •  28 Feb 2008  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MUSA DATTIJO MUHAMMAD JCA; AMINA ADAMU AUGIE JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): In the House of Assembly elections conducted by the 2nd Respondent on 14th April, 2007, the 1st Petitioner was the candidate who contested the election on the platform of the Action Congress (AC) for the Shaki East/Atisbo seat in the Oyo State House of Assembly while the 1st Respondent was sponsored by the Peoples Democratic Party (PDP) for the same Constituency. At the conclusion of the election the 2nd Respondent declared the 1st Respondent the winner of the election having scored the highest votes in the said election. The Petitioners were dissatisfied with the results declared and filed a Petition before the Governorship and Legislative Houses Election Tribunal of Oyo State. In the Notice of Petition dated 11th May, 2007 and filed on the same day which was later amended on 14th June, 2007, the reliefs which the Petitioners now Appellants sought were:-

"1. that it may be determined that the 1st respondent Mr. Samuel Adeā€¦

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