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DR. ABIDEEN OLAIYA V. HON. OLADEPO OYEDOKUN & ORS.

(2009) JELR 33716 (CA)

Court of Appeal  •  CA/I/EPT/FH/83/2008  •  26 Oct 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ISTIFANUS THOMAS JCA; MODUPE FASANMI JCA;

Judgement

ISTIFANUS THOMAS, J.C.A.: (Delivering the Leading Judgment): The appeal is against the judgment of the House of Representatives Election Petition Tribunal held at Ibadan, Oyo State delivered on 7th December, 2007 in which the Petitioner's but now appellant's petition was heard on merit but dismissed and therefore the appeal.

The appellant's petition at the lower Tribunal was based on three grounds, namely, that:-

(i) he was validly nominated by his party- labour party but was unlawfully excluded from a rescheduled election of 28/4/2007 (ii) that the election held on 21/4/07 was invalid by reason of non-compliance with Electoral Act, 2006 as contained in sections 46, 64, 74, 75 and 145 of the afore said Electoral Act, 2006; and

(iii) the 1st respondent was not elected by a majority of lawful votes as the election conducted by the 2nd - 4th Respondents was not concluded in respect of the Federal Constituency for Oluyole Oyo State on 21/04/2007.

At the lower Tribunal, a pre-trial confereā€¦

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