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OLAIYA KUPOLATI & ANOR. V. OLUSOLA OKE & ORS.

(2009) JELR 39941 (CA)

Court of Appeal  •  CA/IL/EP/HA/12/2008  •  8 Apr 2009  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; IGNATIUS IGWE AGUBE JCA; CENTUS CHIMA NWEZE JCA;

Appearances
Oso Adetunji Esq;A. Umar Esq For Appellant Oluwasina Ogungbade Esq.Mrs. M. Arinze For Respondent

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Governorship and Legislative Houses Election Tribunal holding at Ado-Ekiti, Ekiti State wherein the Petitioners/Appellants' Petition was dismissed on the ground that it was statute barred same having been brought or initiated after the effluxion of the 30 days mandatory period as stipulated by Section 141 of the Electoral Act.

The facts of the case as can be gleaned from the Record of proceedings are that the Ist Petitioner was the sponsored candidate of the 2nd Petitioner at the House of Assembly Election for the Ilejemeje State Constituency of Ekiti State.

At the Election held on the 14th of April, 2007, the 1st Petitioner/Appellant, the 1st Respondent and one Bode Ogunyemi were the candidates sponsored by their respective political parties who contested and scored the following votes:-

PARTY CANDIDATES VOTES SCORED

ACTION CONGRESS (A.C) OLAIYA KOPULATI 1,972

PEOPLES DEMOCRAT…

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