AMADASUN
V.
ATIVIE

(2009) JELR 54028 (CA)

Court of Appeal 30 Apr 2009 Nigeria
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Case Details

Suit Number:CA/B/EPT/61/2008
Judges:GEORGE OLADEINDE SHOREMI JCA (Presided) HELEN MORONKEJI OGUNWUMIJU JCA ALI ABUBAKAR BABAHDI GUMEL JCA (Read the Lead Judgment)
Counsel:Dr. Obayuwana - for the Petitioners/Appellants. -*- Mr. S. I. Osifo - for 1st and 2nd Respondents/Respondents. B -*- Miss A. Obaseki - for the 3rd - 5th Respondents/Respondents.

GUMEL JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Edo State National Assembly, Governorship and State House of Assembly Elections Petitions Tribunal delivered on 28 January 2008. The 1st appellant as the candidate of the 2nd appellant contested 14 April 2007 election into the Edo State House of Assembly for Uhunmwode Constituency. At the end of the election, the 3rd - 5th respondents declared the 1st respondent as the winner of the election.

The appellants were dissatisfied with the outcome and result of theelection as well as the declaration and return of the 1st respondent as the duly elected candidate of the 2nd respondent for the Uhunmwode Constituency. Upon this background, the appellants, as petitioners, filed a petition challenging the result of the election. This petition is dated 11 May 2007 but was filed on 14 May 2007. It is predicated on 3 grounds. They are:

That the Uhunmwode Constituency election for the Edo State

House of Assembly co…

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