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TEMITAYO FAWEHINMI & ANOR. V. DR. JOSEPH IRANOLA AKINLAJA & ORS.

(2010) JELR 33757 (CA)

Court of Appeal  •  CA/B/EPT/346/2008  •  27 May 2010  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME (Ph. D), J.C.A. (Delivering the Leading Judgment): The 1st Appellant herein who was the candidate of the 2nd Appellant, the Peoples Democratic Party (PDP), and the 1st Respondent, the candidate of the labour Party, contested the election into the House of Representatives for the Ondo East/Ondo West Federal Constituency held on 21st April, 2007. At the conclusion of the said election, the 2nd to the 4th Respondents declared the 1st Appellant winner.

Dissatisfied by the declaration, the 1st Respondent brought a petition against the Appellants and 2nd to 4th Respondents at the lower tribunal challenging the return of the 1st Appellant on the grounds that 1st Appellant was not duly elected by majority of lawful votes cast at the election and that the election was void by reason of acts that violated the Provisions of the Electoral Act 2006 including rigging, manipulation of election results, violence, thuggery, abduction and coercion of opponents, multiple ballo…

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