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TAJUDEEN OLA OLADIPO v. GEORGE O. OYELAMI & ANOR

(1989) JELR 42833 (CA)

Court of Appeal  •  CA/I/157/88  •  28 Apr 1989  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JCA; JOHN HEZEKIAH OMOLOLU-THOMAS JCA; IBRAHIM KOLAPO SULU-GAMBARI JCA;

Judgement

IDRIS LEGBO KUTIGI, J.C.A. (Delivering the Leading Judgment): The petitioner, now appellant, filed an Election Petition in the High Court, Ibadan challenging the election of the 1st respondent as the Chairman of Oluyole Local Government in the Local Government elections held nation- wide on 12th December, 1987. Eight candidates contested the chairmanship election. The 1st respondent was declared as duly elected having scored 7,930 votes. The appellant came second with 7,005 votes. In the petition the appellant prayed that it be determined that -

"1. George O. Oyelami (1st respondent) cannot hold any elective office for life.

2. The election of George O. Oyelami is null and void and of no effect.

3. An order restraining George O. Oyelami from holding and or performing any duty as the chairman for Oluyole Local Government; and

4. An order that the petitioner (appellant) be declared duly elected as the Chairman for Oluyole Local Government."

Among the several grounds stated for filing t…

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