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BANKOLE TAIWO OLANREWAJU v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & Ors

(2010) JELR 33295 (CA)

Court of Appeal  •  CA/I/EPT/HA/19/08  •  23 Apr 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; CHIDI NWAOMA UWA JCA; MODUPE FASANMI JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the Governorship and Legislative Houses Election Tribunal, Abeokuta, Ogun State (hereafter called the Tribunal). The Ruling of the Tribunal was delivered on the 23rd day of October, 2007 whereupon the Tribunal upheld the Preliminary Objection of the 1st, 2nd, 4th to 14th Respondents and that of the 3rd and 15th Respondents, respectively. The Tribunal in its decision, struck out the petition of the Appellant as incompetent.

The background facts are that the Appellant herein contested as a candidate in the Election into the Ogun State House of Assembly seeking to represent the Odeda Constituency at the said Assembly in the Election held on 14th April, 2007. The 3rd Respondent and others were also candidates at the said election. The 3rd Respondent was credited with 13,092 number of votes while the Appellant's votes were 5,985. The 3rd Respondent was returned as having been duly elected as t…

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