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MR. AROGUNDADE SAMUEL MUSA V. OBAYEMI TOYIN & ORS

(2017) JELR 37816 (CA)

Court of Appeal  •  CA/EK/76/2016(R)  •  19 Jan 2017  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Appearances
Chief Mike Ozekhome, SAN (with Bimpe Olatemiju, Harrison Obi & Justin Omogbemeh) For Appellant Olayinka sokoya Esq. for 1st Respondent OpposingAhmed Tafa Esq for 3rd Respondent No opposing Olowolafe Sunday Esq . for 4th Respondent Not opposing 2nd Respondent was served. For Respondent

Judgement

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Lead Ruling): This is a notice of motion praying for the following orders:

a. An Order of this Honourable Court restraining the speaker, Ekiti State House of Assembly from swearing in the 1st Respondent as a member of the Ekiti State House of Assembly pending the determination of this appeal.

b. An Order of this Honourable Court restraining the 4th Respondent from recognizing the 1st Respondent as its candidate pending the 13/12/2016 determination of this appeal.

c. An Order of this Honourable Court staying the execution of judgment in suit No. FHC/AD/CS/17/2015 delivered on 4th day of July, 2016 Hon. Justice Taiwo Taiwo of the Federal High Court 2, Ado-Ekiti, Ekiti State.

d. And for such further Order or other Orders this Honourable Court deem fit to make in the circumstance.

The motion is supported by a 16 -paragraph affidavit deposed to by the Applicant. Germane to this application are paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and…

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