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BANJO OMOTOLA PETER V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

(2008) JELR 46997 (CA)

Court of Appeal  •  CA/I/EPT/HA/02A_B/2008  •  4 Dec 2008  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA; MUSA DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA;

Judgement

M. DATTIJO. MUHAMMAD, J. C. A. (Delivered the Leading Judgment): The 14th April 2007 Election into the Ogun State House of Assembly was conducted by the 1st, 2nd, 4th - 15th Respondents in this appeal. The 3rd Respondent, Alausa Olawale Hassan sponsored by the 16th Respondent, the P.D.P., contested the Ijebu Ode Constituency seat in the election and was

returned duly elected at the end of the polls. Aggrieved, the appellant herein, as the petitioner at the tribunal below, filed a petition dated 11th May, 2007 challenging the return of the 3rd Respondent. The two sets of Respondents to the petition, the 1st 2nd, 4th -15th Respondents and the 3rd and 16th Respondents filed their replies dated 12th and 11th June, 2007 respectively on 13th June. 2007.

The 3rd and 16th Respondents by an earlier application dated and filed on 10th July, 2007 at the pre-hearing stage of the petition, challenged the competence of appellant's petition. The petition was said to have breached paragraphs 8(1) and…

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