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HON. OLAJIDE ADEDEJI STANLEY V. HON. SAHEED AKINADE, ALL PROGRESSIVE CONGRESS, INDEPENDENT NATIONAL ELECTORAL COMMISSION & PEOPLE DEMOCRATIC PARTY (PDP)

(2019) JELR 110782 (CA)

Court of Appeal  •  CA/IB/EPT/OY/HR/02/2019  •  5 Jul 2019  •  Nigeria

Coram
Haruna Simon Tsammani Abubakar Mahmud Talba Folasade Ayodeji Ojo

Appearances
J. D. Olaniyan, Esq. For the Appellant P.A. Fakoya, Esq. holding the brief of Sikiru Adewoye, Esq. for the 1st and 2nd Respondent. No Representation for the 3rd and 4th Respondents

Judgement

FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the National and State House of Assembly Election Tribunal sitting at Ibadan, Oyo State delivered on the 10th of May, 2019 in Petition No: EPT/OY/HR/08/2019 striking out the reply to the petition filed by the 3rd Respondent who is the Appellant before us.

The Appellant who was the candidate of the 4th Respondent in the election conducted into the House of Representatives for Ibadan Southwest/Northwest Federal Constituency seat on the 23rd of February, 2019 was declared winner and returned as duly elected. The 1st and 2nd Respondents who were aggrieved by the outcome of the election filed a petition against same at the Oyo State House of Assembly Petition Tribunal sitting at Ibadan Oyo State hereinafter referred to as the lower Tribunal.

​It is to be noted that the Petitioner filed a motion exparte on the 18th of March, 2019 at the lower Tribunal seeking to effect service of the Petiti…

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