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ADEGBOYEGA ISIAKA OYETOLA & ANOR
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 2 ORS

(2023) JELR 112598 (CA)

Court of Appeal 24 Mar 2023 Nigeria
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- This case involves a cross-appeal against part of a judgment from the Governorship Election Petition Tribunal in Osun State. - The tribunal found that the second cross-respondent had presented a forged certificate to the first cross-respo

Case Details

Suit Number:CA/AK/EPT/GOV/04/2023
Judges:MUHAMMED LAWAL SHUAIBU, JCA CORDELIA IFEOMA JOMBO-OFO, JCA JAMES GAMBO ABUNDAGA, JCA
Counsel:Prince Lateef S. Fagbemi, SAN, (with Chief Akinlolu Olujimi, SAN, Nurtala Abdulrasheed, SAN, Mutalubi Ojo Adebanjo, SAN, Lukman Fagbemi SAN and Olakekan Thani, Esq) for the cross-appellants. Professor Paul C. Ananaba SAN, (with Emeka Okpoko, SAN, Chief Henry Akunebu, SAN, Olakunle Faokunla and Oluwole Jimi - Bada) for the 1st cross-respondent. Dr. Onyechi Ikpeazu, SAN, (with Tunde Afe-Babalola, SAN, Dr. Obinna Onya Esq., Julius Mba, Esq and Opemipo Osunleti, Esq) for the 2nd cross-respondent. DR. Alex Izinyon, SAN, (with N. O. O. Oke, SAN, Olurotimi Alli Esq, C. S. Ekeocha, Esq and I. T. Tewogbade, Esq) for the 3rd cross-respondent.
Location:Abuja

MUHAMMED L. SHUAIBU, JCA (Delivering The Leading Judgement): This is a Cross-appeal against part of the judgment of the Governorship Election Petition Tribunal, Osun State delivered on 27th  January, 2023 wherein the tribunal found that the 2nd Cross-respondent had presented a forged certificate to the 1st Cross-respondent. Rather than hold that the 2nd Cross­ respondent was not qualified to contest the Governorship Election of 16th July, 2022, the tribunal held that the 2nd Cross-respondent was still qualified to contest the election.

Dissatisfied, Cross-appellants appealed to this court through a notice of Cross-appeal filed on 9th February, 2023. Briefs were filed and exchanged in accordance with the extant Practice Directives.

In the Cross-appellants' brief, filed on 21st February 2023, the fallowing two issues were nominated for determination and these are:

  1. Whether in view of the Tribunal's decision that the Cross­ appellants have proved the allegation of forgery of parts of Exhibit…

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