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ONIWARA B. IBRAHIM V. ISHOLA BALOGUN FULANI & ORS.

(2009) JELR 46779 (CA)

Court of Appeal  •  CA/IL/EP/SA/21/2008  •  17 Jun 2009  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; IGNATIUS IGWE AGUBE JCA; CHIMA CENTUS NWEZE JCA;

Appearances
Salman Jawondo;Adebanjo Owoeye For Appellant Dr. Wahab Egbewole;Ibitoye Olutoyese;A. Abdulkadir (Miss);O. Chigozie;O. B. Tijani (Mrs)T. Oniyide;Chinwe Egbujor (Miss);E. EtejereTunde Salako;A. Tahir andR. Sougbana For Respondent

Judgement

CHIMA CENTUS NWEZE, J.C.A (Delivering the Leading Judgment): The appellant herein was the petitioner at the Governorship and Legislative Houses Election Petition Tribunal, Ilorin, Kwara State [hereinafter referred to as the lower tribunal). He was, equally, a candidate in the election which the third-fifth respondents conducted on April 15, 2007. The electoral contest was for a seat into the Ilorin South Constituency of the Kwara State House of Assembly. He contested on the platform of the Democratic People's Party [DPA].

On the said April 15, 2007, the third -fifth respondents declared and returned the first respondent in this appeal, a candidate who was sponsored by the second respondent, as the winner of the said election.

The appellant was dissatisfied with the outcome of the election, hence, his petition at the lower tribunal. Upon the settlement of the pleadings, the tribunal proceeded to the hearing and determination of the petition. It dismissed the petition. The appellant was…

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