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AFEEZ ADELOWO JIMOH V. YINUSA KAZEEM AYANDOYE & ORS

(2012) JELR 35228 (CA)

Court of Appeal  •  CA/I/EPT/NA/19/2011  •  13 Mar 2012  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; MODUPE FASANMI JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Judgement

ADZIRA GANA MSHELIA, J.C.A.(Delivering the Leading Judgment): This appeal was dismissed on the 14th day of December, 2011 and reasons for the said dismissal were reserved. I now give the reasons.

This is an appeal against the decision of the National and State Houses of Assembly Election Tribunal sitting in Ibadan delivered on the 20th October, 2011 by a panel which had Hon. Justice F.C. Nwizu as chairman and Hon. Justice A.O Ajileye and Hon. Kadi M.M. Alkali as members.

On 9th April, 2011 the 2nd respondent (INEC) conducted an election into the Irepo/Oorelope/Olorunsogo Federal Constituency. A total of 9 political parties sponsored and fielded candidates for the election. At the end of the said election 2nd respondent declared the 1st petitioner as the winner of the election, having scored the majority of lawful votes cast at the election. 1st petitioner scored 27,248 votes.

On the 30th April, 2011 the 1st and 2nd respondents filed a joint petition at the lower Tribunal. The petition…

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