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OLAROTIMI MAKINDE V. ALBERT ABIODUN ADEOGUN & ORS.

(2008) JELR 48932 (CA)

Court of Appeal  •  CA/I/EPT/NA/18/07  •  9 Jun 2008  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

MUSA DATTIJO MUHAMMAD, J.C.A (Delivering the Leading Judgment): This appeal raises a very narrow but important issue on the powers of courts to set-aside their own decisions. The appeal is against the decision of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal in Petition No NA/EPT/OS/9/2007 delivered on 3rd November 2007. I shall provide at once the brief background facts which brought about the appeal. The Appellant herein was the Petitioner at the tribunal. He was the Action Congress candidate at the Ife Central, Ife East/Ife North/Ife South Federal Constituency Election into the Federal House of Representative held on 21st April 2007. At the end of the polls, the 1st Respondent, the People's Democratic Party (PDP) candidate, was declared the winner by the 3rd Respondent. The Petitioner challenged the result of the Election by filing a petition at the National Assembly/Governorship and Legislative Houses Election Petition Tribunal sitting at Oso…

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