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AJIBOLA ISRAEL FAMUREWA V.OLUGBENGA ONIGBOGI & 334 ORS.

(2010) JELR 47849 (CA)

Court of Appeal  •  CA/I/EPT/NA/91/08  •  16 Apr 2010  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; SIDI DAUDA BAGE JCA; MODUPE FASANMI JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A (Delivering the Leading Judgment).: This appeal is against the judgment of the Governorship and Legislative Houses Election Petition Tribunal, Holden at Osogbo (hereafter referred to as the Tribunal) delivered on the 14th day of May, 2008.

The background facts are that the Appellant contested for the House of Representative for Atakumosa East, Atakumosa West, Ilesha East, Ilesha West Federal Constituency seat in the Federal House of Representative for Osun State on the platform of the Action Congress, challenged the declaration of the 1st Respondent who contested under the Peoples Democratic Party as the winner of the said election on the ground inter alia that the said election was vitiated by substantial non-compliance with the mandatory statutory requirements of both the Constitution of the Federal Republic of Nigeria and the Electoral Act, 2006 which was alleged to have substantially affected the results, and that the 1st Respondent could not have been val…

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