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BABAJIDE OMOWORARE V. IYIOLA OMISORE & ORS.

(2010) JELR 55659 (CA)

Court of Appeal  •  CA/I/EPT/NA/68/2008  •  29 Oct 2010  •  Nigeria

Coram
CLARA BATAOGUNBIYI JCA (Presided and Read the Lead Judgment) ISTIFANUS THOMAS JCA SIDI DAUDA BAGE JCA

Judgement

OGUNBIYI JCA (Delivering the Lead Judgment): At the Presidential and National Assembly Elections held throughout the country on 21 April2007, the petitioner, Babajide Omoworare contested under the platform of the Action Congress (AC). He contested the elections along with several other candidates, including the first respondent, Iyiola Omisore who was the candidate for the Peoples’Democratic Party (PDP). At the end of the elections, the 1st respondent was declared and returned as the winner of the election. The petitioner not satisfied with the declaration of the 1st respondent as the winner by the 4th respondent, he presented a petition in 33 paragraphs dated 21 May 2007 and filed on the same date. This petition was with leave of court amended on 8 August 2007.

At pages 15 and 16 of the record of appeal, the petitioner, vide his paragraphs 32 and 33 sought the following reliefs from the lower tribunal:

“32. Wherefore the petitioner prayed that it be determined against the responden…

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