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CHIEF JOHN ODIGIE OYEGUN V. LUCKY NOSA IGBINEDION & ORS

(1992) JELR 43171 (CA)

Court of Appeal  •  CA/B/EP/49/92  •  18 Mar 1992  •  Nigeria

Coram
MAMMAN NASIR JCA; MUHAMMED MUSTAPHA ADEBAYO AKANBI JCA; UMARU ABDULLAHI JCA; OKAY ACHIKE JCA; SUNDAY AKINOLA AKINTAN JCA;

Appearances
Chief G.O.K. Ajayi, SAN, (with him, K.S. Okeaya-Inneh, SAN, Dr. D.O.Mowoe, SAN, P.G. Inyamale, S.D. Osakwe, Dr. P.O. Onaghise, A.K.U:Iniewarin, O.E. Giwa-Osagie (Mrs.), C.A. Obasake, Y. Itua, E.E. Osifor,S.O. Odigie, P.A. Otaigbe, P. Osaemwenkha and U.O.E. Dafeta) For Appellant Kehinde Onofowokan, SAN, (with him, Chief B. Alegbe, Chief R. Clark,F.O. Orbih, E. Idahosa, O. Eze-Iyamu and E. Onyebadi)D. Ojo (Mrs.) Chief Legal Officer, Ministry of Justice, Edo State (with her,M.O. Omozeghian, Legal Officer, Ministry of Justice, Edo State) For Respondent

Judgement

NASIR, P.C.A. (Delivering the Leading Judgment): On the 14th day of December, 1991 elections were held throughout the Federation under the State Government (Basic Constitutional and Transition Provisions) Decree, 1991 (No. 50 of 1991) (hereinafter called Decree 50) to elect the Governors and Members of the various Houses of Assembly for all the States. In Edo State the contest for the Governorship election was between Mr. Lucky Nosa Igbinedion who contested on the platform of the National Republican Convention on the one hand and Chief John Odigie Oyegun who contested on the platform of the Social Democratic Party. At the end of the election Chief Oyegun was successful and was so declared by the National Electoral Commission through the Returning Officer of the State, Alhaji Isa Mohammed who was the Resident Electoral Commissioner for Edo State.

Mr. Lucky Nosa Igbinedion being dissatisfied with the result filed an Election Petition ,before the Edo State Governorship and Legislative Ho…

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