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OGUNNUBI MOSES OLUFUNSO V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & 15 ORS.

(2009) JELR 53300 (CA)

Court of Appeal  •  CA/I/EPT/HA/23/2007  •  23 Jun 2009  •  Nigeria

Coram
ISTIFANUS THOMAS JCA (Presided) CHIDI NWAOMA UWA JCA SIDI DAUDA BAGE JCA (Read the Lead Judgment)

Judgement

BAGE JCA (Delivering the Lead Judgment): This is an appeal by the appellant who was the petitioner at the Governorship and Legislative Houses Election Tribunal, Ogun State, sitting at Abeokuta in petition No. EPT/OG/ HA/8/2007, against the ruling of the tribunal coram. Honourable Justices

H. M. Tsammani, B. H. Ismail, C. U. Ukpe, U. M. Sadiq and C. O. Onyeabo, delivered on 30 July 2007, wherein the honourable tribunal dismissed the petition as having been abandoned, pursuant to paragraph 3(4) of the Election Petition Tribunal and Court Practice Directions, 2007. The facts leading up to this appeal are briefly set out as follows:

“Elections were held throughout the Federal Republic of Nigeria on April 2007 into the State Legislative Houses of Assembly. The petitioner/appellant contested the election on the platform of All Nigeria Peoples’ Party (ANPP) into the Ogun State House of Assembly for Ijebu-East Constituency and at the end of the election, the 3rd respondent was declared winner…

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