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ENGINEER P. O. FAPOHUNDA V. ABEL OLADIPUPO OLUWASOLA & ORS

(1999) JELR 43797 (CA)

Court of Appeal  •  CA/IL/EPA/2/99  •  4 Mar 1999  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; RAPHAEL OLUFEMI ROWLAND JCA; PATRICK IBE AMAIZU JCA;

Judgement

OKUNOLA, J.C.A, (Delivering the Leading Judgment): The facts of this case briefly put were as follows:

The appellant was the candidate of the Alliance for Democracy in the 5th of December, 1998, Chairmanship Election into the Ekiti South-West Local Government and he lost to the first respondent, a candidate of the All Peoples Party who scored 4,941 votes to appellants 4,394. Dissatisfied with the outcome of the election, the appellants herein as petitioner filed an election petition on 21st December, 1999, that is sixteen (16) days after the publication of the election result.

First respondent filed a reply to the petition on 5th January, 1999 and a motion to strike out the petition on 23rd January, 1999. This was, however, abandoned following objection by petitioner on point of waiver on 25th January, 1999.

On 28th January, 1999 petitioner - appellant filed an application seeking to amend his petition by adding the name of the occupier at which documents intended for petitioner may …

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