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OGUNMODEDE OLAYEMI V. ADAMS A. FATAI & ORS.

(2008) JELR 46909 (CA)

Court of Appeal  •  CA/B/EPT/317/07  •  18 Nov 2008  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

ALI ABUBAKAR BABANDI GUMEL, J.C.A, (Delivering the Leading Judgment): This is an appeal against the decision of the Governorship/Legislative Houses Election Tribunal established Ondo State in Petition No.EPT/OND/SH/16/2007. In a ruling dated 24th September, 2007, the lower Tribunal dismissed the petition of the petitioner/Appellant for failure to comply with the provisions of the Election Tribunals and Court Practice Directions 2007, (Practice Directions 2007) on application for instance of pre-hearing notice. The Petitioner as Appellant herein was dissatisfied with the decision leading to the dismissal of the petition and appealed the decision. The appeal is predicated on a notice of appeal dated 15th day of October, 2007 containing 5 grounds of appeal with very copious particulars.

The Appellant, as the Petitioner in petition No.EPT/OND/SH/16/2007, challenged the return of the 1st Respondent as the duly elected candidate for the Akoko North- West Constituency II in the Ondo State Ho…

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