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…

AGAGU & ORS V. MIMIKO & ORS

AGAGU & ORS
V.
MIMIKO & ORS