Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AGAGU & ORS
V.
MIMIKO & ORS

(2009) JELR 49488 (CA)    

Court of Appeal  ·  CA/B/EPT/342A/08 (Consolidated) ·  23 Feb 2009 ·  Nigeria
CORAM
UMAR FARUK ABDULLAHI Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria UZO NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
petition
senior counsel
electoral act
ballot papers
1st respondent
trial tribunal
supreme court
preliminary objection
first respondent
sixteenth respondents
grounds of appeal
hearing of the appeal
electoral officers
governorship election
ondo state
polling units
agent of the commission
civil case
dr. rahman olusegun mimiko
learned counsel
learned trial judge
mandatory provisions of the electoral act
preliminary objections
application of sections
appropriate place
candidate of the labour party
case of the fifteenth
election of dr. olusegun agagu
election result of all polling units
end result
following issues
following passage
full knowledge of his rights
highest number of valid votes
joinder of certain persons
joinder of the presiding officers
legislative election tribunal
material facts of his case
minimal evidence
platform of the peoples democratic party
police officers
raise objection
reasonable tribunal
second appeal
see balogun v
supreme court decision
use of exhibits
use of the word

UMAR FARUK ABDULLAHI, JCA (Delivering the Leading Judgment): The Governorship/Legislative Election Tribunal in Akure, Ondo State (Coram G.N. Nabaruma, Chairman, A.E. Okon, D.I. Okungbowa, M.B Goji and A.S Umar JJ, members), delivered its judgment on the 25th day of July, 2008, wherein it declared the Petitioner, Dr. Rahman Olusegun Mimiko as the duly elected Governor of Ondo State of Nigeria, being the candidate that scored the highest number of valid votes cast at the 14th April, 2007 Governorship election. The first, second, third, fourteenth, fifteenth and sixteenth Respondents being dissatisfied have separately appealed to this court.

The petition culminating in this appeal was brought on 14th May, 2007 against the election of Dr. Olusegun Agagu who had contested the Governorship election in Ondo State on the platform of the Peoples Democratic Party and was the first Respondent at the Tribunal.

The Petitioner, Dr. Rahman Olusegun Mimiko, was the candidate of the Labour Party and f…

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