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DR. JOSEPH BABATUNDE LAKOJU & ANOR. V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

(2010) JELR 33291 (CA)

Court of Appeal  •  CA/B/EPT/268/2008  •  12 Apr 2010  •  Nigeria

Coram
GEORGE OLADEINDE SHOREMI JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME (Ph. D), J.C.A. (Delivering the Leading Judgment): In this appeal, the 1st Appellant was a candidate of the 2nd Appellant in the Senatorial Election for the Edo North Senatorial District of Edo State held on 21/4/07. The 2nd Respondent was the candidate of the 3rd Respondent in the said Election. The 1st Respondent was the body charged with the conduct of the election, while the 4th to the 11th Respondents were officials of the 1st Respondent at the election. At the conclusion of the election, the 1st Appellant was returned as elected. Dissatisfied with the declaration and return, the Appellants, as Petitioners approached the Election Petition Tribunal of Edo State, sitting in Benin by an election petition wherein they challenged the return upon the Grounds that:

(a) the 2nd Respondent was not duly elected by majority of lawful votes cast at the election;

(b) the election was invalid by reason of corrupt practices;

(c) further or in the alternative the electi…

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