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HON. PATRICK OBAHIAGBON V. RASAQ BELLO OSAGIE & ORS.

(2009) JELR 33657 (CA)

Court of Appeal  •  CA/B/EPT/122/2008 (Consol.)  •  21 May 2009  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU 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): This appeal is against the Judgment of the Governorship, and Legislative Houses Election Tribunal sitting in Benin, Edo State. The said Judgment was delivered on the 22nd of April 2008. The Appellant in Appeal NO.CA/B/EPT/122/08 Patrick Obahiagbon was the 3rd Respondent at the lower Tribunal. He was the Candidate of the Peoples Democratic Party (PDP) for Oredo Federal Constituency in Edo State held on the 21/4/07.

The 1st Respondent in the same appeal NO.CA/B/EPT/122/08 Rasak Bello Osagie was the Candidate of 2nd Respondent, the Action Congress (A.C.). The 3rd to the 18th Respondents in the appeal were the Independent National Electoral Commission, INEC, and its officials that conducted the said election.

At the conclusion of the elections, the Appellant was declared victorious and returned as elected. Dissatisfied with the declaration and return, the 1st and 2nd Respondents, as Petitioners in the lower trib…

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