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AANENA ELIZABETH JEMITOLA V. COL. AKOGUN TUNDE (RTD.) & ORS.

(2009) JELR 33216 (CA)

Court of Appeal  •  CA/B/EPT/137/2008 (Consol.)  •  20 May 2009  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

NWOSU-IHEME (Ph.D), J.C.A. (Delivering the Leading Judgment): These consolidated appeals arose from the decision of the Edo State Governorship and Legislative houses Elections Petitions Tribunal NO.2. Election into the House of Representatives of the National Assembly of the Federal Republic of Nigeria held on 21st April, 2007.

The appellant herein Colonel Tunde Akogun (rtd.) was the candidate of the Peoples Democratic Party (PDP) for the Akoko-Edo Constituency of the Federal House of representatives at the aforesaid election. The 1st Respondent herein Aanena Elizabeth Jemitola was the candidate of the All Nigeria Peoples Party (ANPP).

After the election, the 2nd Respondent (INEC) declared the appellant as the duly returned and elected candidate of the Akoko-Edo Federal Constituency. The 1st Respondent was aggrieved by the declaration and return of the appellant. Hence she filed petition No. EDNA/EPT/8/07 to challenge the result of the election. Issues were duly joined by the parties…

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