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OYEGOKE ROTIMI SAMUEL & ANOR v. MAKINDE RASHEED LANRE & ORS

(2015) JELR 41641 (CA)

Court of Appeal  •  CA/L/EP/HA/1096/15  •  2 Dec 2015  •  Nigeria

Coram
CHINWE EUGENIA IYIZOBA JCA; YARGATA BYENCHIT NIMPAR JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): At the election conducted on 11th April, 2015 by the Independent National Electoral Commission the 3rd Respondent, for a seat into Ifako Ijaye II Constituency in the House of Assembly, Lagos State, the 1st Appellant was the candidate of the 2nd Appellant (PDP) whereas the 1st Respondent was the candidate of the 2nd Respondent (APC). There were equally other parties that contested the election.

At the end of the elections, result was announced in which the 1st Respondent candidate for APC was declared winner of the election and returned as duly elected by the 3rd Respondent.

Dissatisfied with the outcome of the elections, the Appellants filed a petition at the National and State Houses of Assembly Election Petition Tribunal (Panel 3), Ikeja, Lagos on 2nd May, 2015 challenging the return of the 1st Respondent on the ground that the 1st Respondent was not eligible to contest at?the time the election was conducted. The summ…

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