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HON. JOHN OBAFEMI & ANOR V. PEOPLES DEMOCRATIC PARTY (PDP) & ORS

(2012) JELR 35251 (CA)

Court of Appeal  •  CA/I/EPT/LH/22/2011(REASONS)  •  24 Feb 2012  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; MODUPE FASANMI JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Appearances
PROFESSOR TAIWO OSIPITAN, S.A.N. (with O. J. AKINWALE and D. ENISENYIN) For Appellant MR. T. O. AMAO (with MR. V. A. AMAO)MR. UCHE V. OBI (with MR. G. ONOJASON) For Respondent

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A.(Delivering the Leading Judgment): The appeal is against the decision of the National and state Legislative Houses Election Petition Tribunal, Abeokuta, Ogun State (Lower Tribunal). It is in respect of the nullification of the election of the 1st Appellant of the Peoples Party of Nigeria (PPN), the 2nd Appellant, as member of the House of Assembly for Remo North constituency of Ogun State. The lower Tribunal also ordered the 3rd Respondent to issue certificate of return to the 2nd Respondent of the Peoples Democratic Party (P.D.P.), 1st Respondent, as the duly elected candidate for the constituency.

In substance, the 1st Appellant was the candidate of the 2nd Appellant at the general elections held on 26.4.2011, by the 3rd Respondent. The 2nd Respondent who was the 1st Respondent's candidate also contested the election. One Hon. Olusola Pelumi Adeboye of the Action Congress of Nigeria (A.C.N.) Political Party was among the contestants. Some other candidat…

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