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AGBAJE
V.
INEC & ORS

(2015) JELR 40451 (CA)

Court of Appeal 26 Aug 2015 Nigeria
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- The case involves an election petition challenging the result of a governorship election in Lagos State. - The respondents filed preliminary objections to the petition, arguing that it was incompetent and should be struck out. - The Tribu

Case Details

Suit Number:CA/L/EP/GOV/744/2015
Judges:ABUBAKAR JEGA ABDULKADIR Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Counsel:G. O. Giwa Amu Esq with R. Obhafuoso Esq For Appellant E. R. Emukpoeruo Esq for the 1st and 4th Respondent.Chief Wole Olanipekun SAN with Doyin Rhodes-Vivour (Mrs.), Adeniji Kazeem Esq, Olabode Olanipekun Esq. (wrote the brief), Ademola Adeshina Esq. and Bolarinwa Awujoola Esq., Ijeoluwa Akintunde Esq. Abd Khalid Abass for the 2nd Respondents.Chief Charles Uwesunyi-Edosomwan SAN with R. A. O. Adegoke Esq. (wrote the brief) Osasu Isibor Esq., Prince Eric Ogiegor, Miss Okene Chucks-Okeke and Damilola Asuni Esq. for the 3rd Respondents. For Respondent

EMMANUEL AKOMAYE AGIM, JCA (Delivering the Leading Judgment): On 11-4-2015, the 1st respondent conducted a general election to the office of Governor of Lagos State. The 4th respondent on 13-4-2015 declared the 2nd respondent winner of the election and returned him elected as Governor of Lagos State.

Dissatisfied with the result of the election declared by the 4th respondent, the appellant and the People's Democratic Party, the political party that sponsored him for the election, on 30-4-2015, filed an election petition commencing election petition no. GOV/EPT/L/1/2015 against the respondents herein, in the Lagos State Governorship Election Tribunal.

The grounds for the petition are that:

(a) Contrary to paragraph 28 of the approved guidelines and regulations for the conduct of the 2015 general elections issued by the 1st respondent, the number of votes cast is more than the number of accredited voters and that therefore the votes declared in favour of the 2nd respondent and the result o…

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