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MR. ADEWALE SEGUN SUNDAY & ANOR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS

(2008) JELR 47577 (CA)

Court of Appeal  •  CA/L/EPT/LAS/HA/003/07  •  15 May 2008  •  Nigeria

Coram
D. ADAMU JCA; M. B. D. MENSEM JCA; H. MUKHTAR JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): By an election petition dated 10th May, 2007 and filed on 11th May, 2007 the appellants beseeched the Governorship and Legislative Houses Election Tribunal Lagos State (hereinafter referred to as 'the Tribunal') to nullify the election held on 14th April 2007 and subsequent return of the 4th respondent on the platform of the 5th respondent as the winner of the election for the Lagos State House of Assembly in the Alimosho 1 constituency. The petition was brought pursuant to section 145 (1) (d) of the Electoral Act 2006 claiming that the 1st petitioner/appellant was validly nominated to contest the said election on the platform of the 2nd petitioner/appellant, but was unlawfully excluded wherefrom by the 1st respondent.

The respondents filed their respective replies to the petition raising objections to the competence of the petition. A motion dated 15th June, 2007 and filed on 27th June, 2007 by the 4th and 5th respondents cha…

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