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SAM ADEJOH OKEDI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2012) JELR 35184 (CA)

Court of Appeal  •  CA/A/EPT/585/2011  •  31 Jan 2012  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; JIMI OLUKAYODE BADA JCA; EJEMBI EKO JCA;

Judgement

EJEMBI EKO, J.C.A (Delivering the Leading Judgment): On 9th April 2011, the 1st-4th Respondents conducted general elections in Idah Federal Constituency. The 1st Appellant was the candidate of the 2nd Appellant for that election. The 5th Respondent sponsored the 6th Respondent as its candidate for the said election. The 6th Respondent was returned by the 1st - 4th Respondents as the winner of the said election for a seat in the House of Representatives.

Dissatisfied with the return of the 5th Respondent the Appellants, on 29th April, 2011,filed a petition challenging the said return of the 6th Respondent. The Respondents filed their respective replies to the petition, and issues were duly joined.

The complaint of the appellants, the petitioners, was that the 5th and 6th Respondents did not score the majority of the lawful votes cast at the election. The focus of the Petitioners' complaint was the invalidity of the votes cast in two wards of two Local Government Areas, namely: Ibaji Lo…

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