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MR. MICHAEL ADEJOH ITODO V. HON. YUNUSA GABRIEL OLOFU & ORS.

(2010) JELR 47680 (CA)

Court of Appeal  •  CA/A/245/2009  •  17 Jun 2010  •  Nigeria

Coram
HON. JUSTICE UWANI MUSA ABBA AJI JCA; HON. JUSTICE JIMI OLUKAYODE BADA JCA; HON. JUSTICE ABDU ABOKI JCA;

Judgement

UWANI MUSA ABBA AJI, J.C.A:(Delivering the leading judgment) This is an appeal against the Ruling of the Justice A.O. Salihu, of the High Court of Justice, Kogi State, sitting at Okpo, delivered on the 7th day of May, 2009, wherein the learned trial Judge declined jurisdiction to entertain and determine the Appellant's case holding same to be a post-election matter, arising from the Local Government Election in respect of Ogugu Ward II, held on the 26th day of July, 2008.

The Appellant (Plaintiff at the Lower Cower), was a candidate of the 3rd Respondent, the Peoples Democratic Party (PDP) at the election held on the 26th day of July, 2008, to the office of councilor representing Ogugu Ward II, Olamaboro Local Government Council, which election was organized by the 2nd Respondent, Kogi State Independent Electoral Commission.

The Appellant took out an Originating summons, filed on the 28th day of August, 2008, and caused same to be issued upon the Respondents for the determination of…

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