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OLARENWAJU ADEYEMI TEJUOSHO V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS

(2008) JELR 46993 (CA)

Court of Appeal  •  CA/I/EPT/NASEN/5/2008  •  27 Oct 2008  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA; CHIDI NWAOMA UWA JCA;

Judgement

M. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the National Assembly Election Petitions Tribunal sitting at Abeokuta, Ogun State dated 20th September 2007 in petition No. EPT/OG/NASEN/53/2007. The brief facts of the case which gave birth to the appeal, are briefly recounted immediately.

The Appellant, the 3rd Respondent and others were candidates at the National Assembly election for Ogun Central Senatorial Seat conducted by the 1st, 2nd, 4th - 83rd Respondents on 28th April 2007. Aggrieved by the declaration and return of the 3rd Respondent, the Appellant filed a petition on 25-5-07 at the lower tribunal inter alia challenging same.

By their application dated and filed 7th August 2007, the 1st, 2nd, 4th - 83rd Respondents challenged the competence of the petition and by extension the jurisdiction of the tribunal. Before the application, 1st, 2nd, 4th - 83rd Respondents had filed and served their reply to the petition on 3-07-07. 1st,…

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