FELEMU GUDU BANKOLE OLUSEGUN V. HONOURABLE ABIODUN OGUNBI PEOPLES’ DEMOCRATIC PARTY (PDP) ALL PROGRESSIVES CONGRESS (APC) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) THE RETURNING OFFICER, AKOKO SOUTH WEST, CONSTITUENCY II THE COMMISSIONER OF POLICE, ONDO STATE THE NIGERIA POLICE ALHAJI ALI OLANUSI
(2015) JELR 56864 (CA)
Court of Appeal
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CA/AK/EPT/HA/86/2015 EPT/AK/HA/12/2015
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22 Sep 2015
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Nigeria
Coram
MOJEED A. OWOADE JCA (Presided) MOHAMMED A. DANJUMA JCA ( Read the Lead Judgment) JAMES SHEHU ABIRIYI JCA
Appearances
Waheed Gbadamosi Esq. (with him, Jamiu Aliu Esq., Oluwasola Daodu Esq.) - for the Appellant.
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Aderemi Olatubora Esq. (with him, Olabanjo Ajanaku Esq., Oyewole
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Awofade Esq., Kehinde Aladedutire Esq, Adelani Ajibade Esq., Olumide Ogidan, Esq., Adekunle Olowo Esq., Abiola Taiwo Esq
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and Oluwamuyiwa Olugola Esq.) - for the 1st and 2nd Respondents. Abiola Taiwo Esq. (with him, Oluwamuyiwa Olugola Esq.) - for the 1st and 2nd Respondents.
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Charles Titiloye Esq. (with him Sola Ajisafe Esq. and Ogbole Agala
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Esq.) - for the 3rd Respondent .
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4th and 5th respondents served hearing notice, but filed no brief and did not appear nor represented by counsel.
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Akerete Udofot Esq. (with him, Olusola Oke, Esq. and Aderemi Ajibola Esq.) - for the 6th and 7th Respondents .
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8th respondent neither filed a brief of argument nor appeared in person nor was he represented by counsel.
Judgement
DANJUMA JCA (Delivering the Lead Judgment): This appeal is the exude of the dissatisfaction of the appellant herein, who contested the election into the Ondo State House of Assembly to represent the Akoko South-West Constituency II, under the platform of the All Progressive Congress (APC).
At the said election conducted by the 4th respondent on 11 April 2015, the appellant was elected, declared and returned as against other candidates, including the 1st respondent, who was the candidate of the Peoples’ Democratic Party (PDP), the 2nd respondent herein.
Dissatisfied with the declaration and return, the 1st and 2nd respondents filed a petition on 9 May 2015, on the grounds set out in paragraph 10 of the petition and by which he sought the relief articulated in paragraph 18 of the petition. It is instructive to point out that there were seven (7) respondents in the petition leading to this appeal.
The respondents were each served a copy of the petition except the 7th respondent, who was o…
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