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CHIEF AKINDELE OJO SUNDAY V. OYEDELE SAMUEL OLUGBENGA & ORS

(2008) JELR 33215 (CA)

Court of Appeal  •  CA/I/EPT/LH/21/07  •  13 Nov 2008  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA; ISTIFANUS THOMAS JCA; MODUPE FASANMI JCA;

Judgement

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment handed out by the Governorship and Legislative Houses Election Petition Tribunal sitting at Ibadan, Oyo State of Nigeria on 6th August, 2007. Therein, the Tribunal, presided over by Bage, J., as he then was, dismissed the appellant's petition against the return of the 1st respondent as the member of the Oyo State House of Assembly representing Afijio Constituency.

It is apt to recapitulate the background facts of the matter leading to this appeal briefly. The appellant herein, as Petitioner at the Tribunal, contested the 14th April, 2007 election into the Oyo State House of Assembly for Afijio constituency on the platform of the All Nigeria Peoples Party herein referred to as the ANPP (for short). The 1st respondent contested the election into the stated constituency under the banner of the Action Congress - AC (for short). On completion of the electoral process, the 3rd and 4th respo…

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