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AKINOLA KAMIL V. I.N.E.C. & ORS

(2009) JELR 33173 (CA)

Court of Appeal  •  CA/I/EPT/HA/1/2008  •  16 Mar 2009  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA; CHIDI NWAOMA UWA JCA;

Judgement

ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Judgment): The appeal is against the ruling of the Election Petition Tribunal sitting in Abeokuta which was delivered on 1/11/2007 wherein the Tribunal upheld the preliminary objections of the 3rd and 21st respondents and that of the 1st, 2nd, 4th - 20th respondents.

As a result of the ruling on the two sets of respondents' preliminary objection, the Tribunal struck out the appellant's petition on the ground of incompetence/that appellant had no locus standi.

Being dissatisfied with the Ruling, the appellant filed an appeal on 7/11/2007 containing eight (8) Grounds of Appeal.

It is apt to state briefly the facts of the matter leading to this appeal. The appellant as the petitioner at the lower Tribunal, filed on 11/05/2007, his petition against the duly elected member representing Abeokuta North Constituency at Ogun State House of Assembly, pursuant to the nationwide election held on 14/04/2007. The preliminary objections of the two set…

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