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PATRICK IKHARAIALE & ANOR. V. THEOPHILUS OKOH & ORS.

(2009) JELR 33645 (CA)

Court of Appeal  •  CA/B/EPT/221/08  •  23 Apr 2009  •  Nigeria

Coram
GEORGE OLADEINDE SHOREMI JCA; HELEN MORONKEJI OGUNWUMIJU JCA; ALI ABUBAKAR BABANDI GUMEL JCA;

Judgement

GEORGE OLADEINDE SHOREMI J.C.A, (Delivering the Leading Judgment): The 1st Appellant duly contested the 21st April, 2007 National Assembly election under the platform of the 2nd Appellant for Esan West, Esan Central, Igueben Federal Constituency and was duly returned as the winner of the said election by the 3rd - 7th Respondents.

The 1st Respondent also contested the said election for the same constituency under the platform of the 2nd Respondent and came second in the polls.

Dissatisfied with the aforesaid result released by the 3rd - 7th Respondents, the 1st and 2nd Respondents on the 21st May, 2007 filed an election petition at the Governorship and Legislative Houses of Assembly Election Tribunal for Edo State seeking the nullification of the election.

The judgment of the Tribunal was delivered on 28th April 2008 nullifying the election of Patrick A. Ikhariale as member representing Esan Central, Esan West and Igueben Federal Constituency, Edo State. The Tribunal ordered the condu…

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