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OLAWUYI RAHEEM TUNJI & ANOR V. ELDER DAVID BAMIDELE & ORS

(2012) JELR 35237 (CA)

Court of Appeal  •  CA/IL/EPT/SH/15/2011  •  8 Feb 2012  •  Nigeria

Coram
ABUBAKAR JEGA ABDULKADIR JCA; SIDI DAUDA BAGE JCA; CHIMA CENTUS NWEZE JCA; ISAIAH OLUFEMI AKEJU JCA;

Appearances
M. Hanafi For Appellant A. Bamidele for the 1st and 2nd respondents;S.O. Ake for the 3rd Respondent For Respondent

Judgement

CHIMA CENTUS NWEZE, J.C.A (Delivering the Leading Judgment): Elections were conducted into the Kwara State House of Assembly, Irepodun Constituency, on April 26, 2011. The third respondent declared and returned the first respondent as the winner. The appellants were dissatisfied with that declaration. By their petition, filed on May 17, 2011, they challenged the said return of the first respondent before the National and State Houses of Assembly Election Petitions Tribunal, (hereinafter referred to as the tribunal).

In a considered judgement delivered on November 13, 2011, the tribunal dismissed the petition. Expectedly, the appellants were aggrieved, hence this appeal. They formulated three issues for the resolution of this appeal [paragraph 2,1.1 of the brief of argument].

On their part, the first and second respondents set out six issues for the determination of this appeal. The third respondent entreated this court to resolve three issues it set out in paragraph 4.01 of its brief…

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