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EKUN ADEBAYO YUSUFF v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

(2010) JELR 33300 (CA)

Court of Appeal  •  CA/I/EPT/HA/24/2008  •  13 May 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; SIDI DAUDA BAGE JCA; MODUPE FASANMI JCA;

Judgement

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal by the Appellant who was the Petitioner at the Governorship/National Assembly and Legislative House Election Petition Tribunal, Ogun State, sitting at Abeokuta in Petition No.EPT/OG/HA/18/2001 against the judgment of the Tribunal Coram:- Honourable Justices H. M. Tsammani, B. H. Ismail, C. U. Ukpe, U. M. Sadiq and C. O. Onyeabo, delivered on the 31st day of October, 2001 whereupon the Tribunal upheld the preliminary objection of the 1st, 2nd, 4th and 11th Respondents and that of the 3rd and 11th Respondent respectively. In consequence, the Tribunal struck out the petition of the Appellant as being incompetent.

The facts leading up to this appeal are briefly set out as follows The Elections were conducted into the Ogun State House of Assembly on the 14th April, 2007. The Appellant was a candidate who contested the seat for Ifo Local Government Constituency. At the conclusion of the election, the 1st, 2nd, 4th …

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