BILKISU TINUOLA GAMBARI ACTION CONGRESS V. MISS GBEMISOLA R. SARAKI PEOPLES’ DEMOCRATIC PARTY INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) PRESIDING OFFICER, M AGAJI ARE I (WARD 7) PRESIDING OFFICER, MAGAJI ARE II (WARD 8) PRESIDING OFFICER, IBAGUN (WARD 4) PRESIDING OFFICER, SANGO (WARD 12) PRESIDING OFFICER, AGBEYANGI GBADAMU (WARD 1) PRESIDING OFFICER, GAMBARI II (WARD) PRESIDING OFFICER, BALOGUN ALANAMU WARD PRESIDING OFFICER, BABAKO (WARD 3) PRESIDING OFFICER, UBANDAWAKI (WARD) PRESIDING OFFICER, WARAH OSIN (WARD) PRESIDING OFFICER, OJUEKUN/ZARUMI (WARD 9) PRESIDING OFFICER, ADEWOLE (WARD 1) PRESIDING OFFICER, OKO-ERIN (WARD 10) PRESIDING OFFICER, MAGAJI NGERI (WARD 6) PRESIDING OFFICER, OGIDI WARD PRESIDING OFFICER, OLOJE WARD PRESIDING OFFICER, AJIKOBI (WARD 2) PRESIDING OFFICER, OKAKA 1 PRESIDING OFFICER, OKAKA II PRESIDING OFFICER, AKANBI III PRESIDING OFFICER, AKANBI IV (WARD 4) PRESIDING OFFICER, V. (WARD 5) PRESIDING OFFICER, BALOGUN FULANI I (WARD 6) PRESIDING OFFICER, BALOGUN FULANI II (WARD 7) PRESIDING OFFICER, BALOGUN FULANI III (WARD 8) PRESIDING OFFICER, OKE-OGUN (WARD II) PRESIDING OFFICER, BALOGUN FULANI I (WARD 6) THE RETURNING OFFICER, KWARA CENTRAL SENATORIAL DISTRICT COLLATION CENTER THE RESIDENT ELECTORAL COMMISSIONER INEC KWARA STATE
(2009) JELR 56263 (CA)
Court of Appeal
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CA/IL/EP/SEN/20/2008
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23 Jan 2009
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Nigeria
Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA (Presided) SOTONYE DENTON-WEST JCA JUMMAI HANNATU SANKEY JCA (Read the Lead Judgment)
Appearances
Salman Jawondo Esq. (with him, Saka Rasaq Esq. and Y. Ali-Agan Esq) - for the Appellants.
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Wahab Egbewole Esq. (with him, A. Akporede Esq., T. Olumoh Esq.,
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M. Adebayo Esq., C. U. Ogbuehi Esq. and O. S. Ofenwongbe Esq) F
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- for the 1st Respondent.
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Toyin Oladipo Esq. - for the 2nd Respondent.
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Tunde Salako Esq. (with him, Tahir Abdullahi Esq) - for the 3rd to 32nd respondents.
Judgement
<p><strong> </strong>JUMMAI HANNATU SANKEY, J.C.A. (Delivering the leading : ): Bilkisu Tinuola Gambari contested the Kwara State Central Senatorial District election on the platform of the Action Congress, which is the 2nd Appellant herein, on the 28th April, 2008. Among others, she contested with Gbemisola R. Saraki, the 1st Respondent, who contested on the platform of the Peoples Democratic Party, the 2nd Respondent herein. At the conclusion of the election, the 1st Respondent was declared duly elected, having scored a majority of 248, 589 votes against the 1st Appellant's 12, 474 votes. Evidently dissatisfied with this declaration, the Appellants filed a Petition before the Election Petitions Tribunal wherein they sought an order declaring the 1st Respondent's election invalid and void on five grounds as set out in the Petition. At the close of trial, the lower Tribunal, not being persuaded by nor enamoured of the evidence adduced by the Appellants, in its judgemnt delivered on the 2nd June, 20…</p>