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AGUNBIADE & ANOR
V.
OKE & ORS

(2015) JELR 40357 (CA)

Court of Appeal 2 Sep 2015 Nigeria
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Case Details

Suit Number:CA/AK/EPT/HR/68/2015
Judges:MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria
Counsel:CHIEF MICHAEL ABAYOMI BISADE ALLIYU, FCI Arb with him, DR. JOEL ANWOO, ABDULRASAK ADEOYE, ESQ., SIYANBOLA J. S. (MISS), BIOLA LADAPO ESQ., THELMA EJEMEN OTAIGBE-OLULEYE (MRS) AND BEN T. OGUNJOBI, ESQ. For Appellant OLUWASINA OGUNGBADE, ESQ. with him, ABIMBOLA AROWOSEBE (MRS) and CHUKWUDI MADUKA, ESQ. for 1st RespondentROLAND OTARU (SAN) FCI Arb., KANMI AJIBOLA, ESQ., IDOWU AKINSOLA ESQ., SALIHU ALIYU, ESQ., ABIEYUWA A. EVBUOMWAN (MISS), SUMBO AFOLABI ESQ., CHUKWUEBUKA W. UDEH, ESQ., HASHIM ABIOYE, ESQ., ADEDOYIN A. ENISAN, ESQ. and SAMUEL ECHEONWU, Esq. for 2nd RespondentDELE ADESINA (SAN) FCI Arb with him, EZEKIEL AFOLAYAN ACI Arb, KEHINDE BELLO (MRS), KAYODE OTUFALE, Esq. and ADEOLU ADESUYI, ESQ. for 3rd - 4th Respondent For Respondent

JAMES SHEHU ABIRIYI, J.C.A. ( Delivering the Leading Judgment): This appeal is against the ruling delivered on 22nd July 2015 by the National And State Houses of Assembly Election Tribunal holden at Osogbo, Osun State. The 1st Appellant contested the election conducted on 28th March 2015 to the House of Representatives on the platform of the All Progressives Congress (APC) against the 1st Respondent and other candidates and lost. The 1st Respondent contested under the Platform of the Peoples Democratic Party (PDP) and won. The Appellants were not satisfied with the results of the election and filed a petition at the Tribunal. Each of three sets of Respondents i.e. 1st, 2nd and 3rd 10th Respondents raised a preliminary objection to the competence of the petition. The Tribunal consolidated all three preliminary objections.

After hearing all the parties on the preliminary objections raised by the Respondents, the Tribunal in a considered ruling struck out the petition for being incompete…

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