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MR. OGBEIWI V. HON. MOSES OMO EGHAREVBA & ORS.

(2009) JELR 42136 (CA)

Court of Appeal  •  CA/B/EPT/59/2008  •  6 Feb 2009  •  Nigeria

Coram
GEORGE OLADEINDE SHOREMI JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A., (Delivering the Leading Judgment): This is an appeal against the judgment of the Edo State Governorship and Legislative Houses Election Tribunal delivered on 22nd January, 2008. Sequel to the election held on 14th April, 2007, the 8th Respondent herein (INEC) declared the Appellant, Mr. Ogbeiwi {Etinosa} Ikponmwosa, the candidate of the Action Congress (AC), as the winner of the election - into the Edo State House of Assembly for Orhionmwon II Constituency. The 1st and 2nd Respondents herein were aggrieved by this declaration of result of election and thereby petitioned the Tribunal in a petition dated 11th May, 2007. The Respondents to the petition joined issues with the petitioners in their respective replies to the petition.

Issues having been duly joined, the petition went through a pre-hearing session consequent upon which, the lower Tribunal settled the following 3 issues as the real issues for determination in the petition. They are: -

i. Wh…

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