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DR. OLORIEGBE IBRAHIM YAHAYA ACTION CONGRESS OF NIGERIA (ACN) V. DR. ABUBAKAR BUKOLA SARAKI PEOPLES’ DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2011) JELR 57624 (CA)

Court of Appeal  •  EPT/CA/IL/SEN/8/2011  •  15 Dec 2011  •  Nigeria

Coram
TIJJANI ABDULLAHI, JCA IGNATIUS IGWE AGUBE, JCA ITA GEORGE MBABA, JCA

Appearances
Hanafi, Esq. (with him, M. Y. Oloriegbe, Esq., T. Adebayo, Y. O. Aluko and Y. A. Alajo, Esq.,) - for the Appellants. Dr. J. O. Olatoke (with him, O. W. Akanbi, Esq., K. A. Uzamot (Miss) and Femi Aweda, Esq.,) - for the 1st Respondent. O. M. Lawal, Esq. - (with him, Tunji Ojuokanye, Esq.) - for the 2nd Respondent. T. O. Durojaiye, Esq., (with him, T. K. Eleshinla, Esq., Sulaiman Ayipo, Esq. and Lawrence Ola, Esq.) - for the 3rd Respondent.

Judgement

AGUBE JCA (Delivering the Lead Judgment): The National Assembly Election wasconducted on 9 April 2011 bythe Independent National Electoral Commission in Kwara State. Among other candidates who contested the election into the Kwara Central Senatorial District of Kwara State, were Dr. Oloriegbe Ibrahim Yahaya under the platform of the Action Congress of Nigeria (ACN) and Dr. Abubakar Bukola Saraki who was sponsored by the Peoples’ Democratic Party (PDP).

At the conclusion of the exercise, Dr. Abubakar Bukola Saraki was on Sunday, 10April 2011, returned and declared as the winner having polled a total of seventy-eight thousand, seven hundred and ninety-nine (78,799) votes. Dr. Oloriegbe Ibrahim Yahaya came second with a total of fifty- three thousand, and fifty-eight (53,058) votes. Dissatisfied by the declaration and return of Dr. Saraki, Dr. Yahaya headed to the National and StatesAssembly Election Petition Tribunal, Kwara State Holden at Ilorin, coram: Honourable Justices Bitrus G.…

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