AJAYI & ANOR.
V.
EBIETOMIYE & ORS.

(2009) JELR 39879 (CA)

Court of Appeal · CA/B/EPT/330/2008 (Consolidate · 19 May 2009 · Nigeria

CORAM

GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

1st appellant

lower tribunal

1st respondent

2nd respondents

appeal no.ca

4th respondent

appeals

judgment of the lower tribunal

result of the election

account of educational qualification

documentary evidence

ease of reference

state of pleadings

criminal allegations

following facts

honourable court

ilaje federal constituency

pleaded fact

1st schedule

21st day of april

3rd respondents

allegation of presentation of a forged certificate

commissioner of police ondo state

date of birth of the 1st respondent

demonstration of the purport of those exhibits

election petitions

end of the election agboola ajayi

evidence of the respondent

first of the petitions

fundamental issue

issue of jurisdiction of the lower tribunal

leading judgment

local government area of the constituency

mere production of exhibit

mr. agboola ajayi

oloba v. akereja

paragraph 6b

past tense of the verb hold

platform of the labour party

reasonable time

records of appeal show

respect of the election

said agboola ajayi

second petition no. ept

seven respondents

specific findings

suo motu raise

threshold issue

CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A), (Delivering the Leading Judgment): These appeals flow from two Election Petitions brought at the lower tribunal in respect of the election into the House of Representatives held on the 21st day of April 2007 for Ese-Odo/Ilaje Federal Constituency in which there were Seven Candidates including Mr. Agboola Ajayi (who stood under the platform of PDP) Omotoye Bayo (under the platform of the Labour Party) and Prince Olubukunola Tony Ebietomiye (under the Democratic People's Alliance).

The first of the Petitions namely EPT/OND/NA/19/2007 was brought by Tony Ebietomiye against Seven Respondents namely; Agboola Ajayi, PDP, INEC and its officials, while the Second Petition No. EPT/OND/NA/24/2007 was brought by Omotoye Bayo against Eight Respondents including Ajayi Agboola, PDP, INEC and its officials. INEC also appealed in both Petitions.

At the end of the election Agboola Ajayi was returned as elected hence the two afore said Petitions.

The two Petiti…

AJAYI & ANOR. V. EBIETOMIYE & ORS.

AJAYI & ANOR.
V.
EBIETOMIYE & ORS.