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OJO JOHNSON AJAGBE V. YIDIAT BABALOLA & ORS.

(2010) JELR 33648 (CA)

Court of Appeal  •  CA/I/EPT/HA/76/2008 (Cons.)  •  21 Jun 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA SIDI DAUDA BAGE JCA MODUPE FASANMI JCA

Judgement

SIDI DAUDA BAGE, JCA, (Delivering the Leading Judgment): This is an appeal against the Rulings and Judgment of the Governorship and Legislative Houses Election Petition Tribunal, holden at Osogbo (hereinafter referred to as "the Tribunal"), delivered on 31st of October 2007; 10th November, 2007; 11th December, 2007 and 19th April, 2008 respectively.

On the 14th of April, 2007, elections were held into the Osun State House of Assembly for Ede South Constituency Seat. The Appellant contested the election on the platform of the Action Congress (A.C.) while the 1st Respondent contested on the platform of the People's Democratic Party (P.D.P.). At the conclusion of the election, the 3rd and 4th Respondents returned the 1st Respondent as the winner. The Appellant was dissatisfied with the return of the 1st Respondent and filed a petition before the Tribunal, challenging the said return on the ground inter alia, that the election was characterized by numerous electoral malpractices, irregul…

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