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…

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