(2008) JELR 49465 (CA)    

Court of Appeal  ·  CA/A/EP/243/07 ·  13 Mar 2008 ·  Nigeria
OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria MARY PETER-ODILI Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
evidence act
oral evidence
preliminary objection
learned counsel
competence of the petition
issue number
2nd respondent
affidavit evidence of the parties
mr. abalaka
virtue of section
date of the declaration of the election result
motu resolve
true copy of form ec8e
true copy of the declaration of results
view of the petitioners counter affidavit
1st respondent han
appellant abubakar saidu ainoko
appellant submission
decision of the lower tribunal
election form ec8e
election of the 1st respondent
form ec8c
independent national electoral commission
kogi state house of assembly
leave of the court
legislative houses election petition tribunal
mr. okwute
nigeria peoples party
notice of appeal
odolu state constituency
petitioners counsel
piece of document
provisions of the electoral act
respondent inec
sc pg
time of the hearing of this appeal
winner of the election

OLUFUNLOLA OYELOLA ADEKEYE, J.C.A. (Delivering the Leading Judgment): The appellant Abubakar Saidu Ainoko and the 1st Respondent Han. Yakubu Yunusa were 'both candidates who contested with three others the election to the Kogi State House of Assembly for Igala-mela/Odolu State constituency, on Saturday the 14th of April, 2007. The appellant contested the election on the platform of the All Nigeria peoples party (ANPP) while the 1st respondent contested on the - platform of the People Democratic Party (PDP). The 1st Respondent was declared the winner of the election by the 2nd Respondent, Independent National Electoral Commission.

The appellant filed a petition at the Governorship/Legislative Houses Election Petition Tribunal holding at Lokoja on 15th of May, 2007. The appellant questioned the election of the 1st Respondent on grounds as follows:-

(a) That the election was invalid by reason of corrupt practices and non-compliance with the provisions of the Electoral Act.

(b) That the …

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