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TOBI JSC (Delivering the Lead Judgment): On 5th of April, 2007, I dismissed this appeal. I indicated that day that I will give my reasons for the dismissal today. I do so now. The facts of this case as presented by the Court of Appeal are in some material difference from those presented by Dr. Alex Izinyon SAN, for the 1st appellant in his brief. The material difference is that Dr. Izinyon has introduced the element of the 1st respondent not winning the primaries. He said that the 1st respondent scored 2,061 votes which was less than the 50% of the total votes of 7,504 cast. Dr. Izinyon would appear not to have remembered this important aspect when he settled the pleadings at pages 345 to 348 of the record.
There is yet another aspect. Dr. Izinyon, in part 2 of his brief,contended that the name of the 1st respondent was submitted to the 2nd respondent in error, which error was later corrected. That, to learned Senior Advocate, was responsible for the substitution of the 1st responden…