(2021) JELR 109224 (CA)    
Court of Appeal  ·  CA/B/EPT/GOV/01/2021 ·  26 May 2021 ·  Nigeria
Mojeed Adekunle Owoade Justice of the Court of Appeal Ita George Mbaba Justice of the Court of Appeal Uchechukwu Onyemenam, JCA Amina Audi Wambai, JCA Abubakar Sadiq Umar, JCA

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the Governorship Election Petition Tribunal of Edo State, which sat in Benin City in respect of the Governorship Election held in that State on 19/9/2020 which said judgment was delivered 29/3/2021 in Petition on No. EPT/ED/GOV/01/2020.

By the final declaration in the said election, the 1st Respondent declared the 3rd Respondent who was the candidate of the 2nd Respondent as the winner of the said election and consequently issued the 3rd Respondent with a Certificate of Return which was tendered and admitted before the lower Tribunal as Exhibit A2.

Being aggrieved by the said final declaration of the 3rd Respondent as the winner of the election, the Appellants' Petitioners who are candidates and political party that participated in the aforesaid election filed a petition on 5th October, 2020 on a sole ground based on Section 138 (1) (a) of the Electoral Act, 2010 (as amended) that th…

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