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OLAKUNLE OLUOMO V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

(2009) JELR 33187 (CA)

Court of Appeal  •  CA/I/EPT/HA/3A_B/2008  •  29 Oct 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; CHIDI NWAOMA UWA JCA; SIDI DAUDA BAGE JCA;

Judgement

SIDI DAUDA BAGE, J.C.A.: (Delivering the Leading Judgment): This is an appeal by the Appellant who was the Petitioner at the Governorship/National Assembly and Legislative Houses Election Petition Tribunal, Ogun State, sitting at Abeokuta, in Petition No.EPT/OG/HA/17/2007against 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 the 20th of October, 2007 Preliminary Objection brought by the 3rd and 10th Respondents. The facts leading up this appeal are briefly set out as follows:-

"Elections were held throughout the Federal Republic of Nigeria on the 14th April, 2007 into the State Legislative Houses of Assembly. The Petitioner/Appellant was a candidate into the Ogun State House of Assembly for Ifo I Constituency of Ogun State, and at the end of the election, the 3rd Respondent was declared winner of the election by the 1st and 2nd Respondents".

Aggrieved by the return of the 3rd Respondent at the saiā€¦

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