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APC
V.
AGBAJE & ORS

(2015) JELR 40452 (CA)

Court of Appeal 26 Aug 2015 Nigeria
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- This case involves a cross-appeal challenging the correctness of certain portions of a decision made by the Governorship Election Tribunal of Lagos State. - The cross-appeal specifically questions the competence of paragraphs 13(b) and 14

Case Details

Suit Number:CA/L/EP/GOV./751A/2015
Judges:ABUBAKAR JEGA ABDULKADIR Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Counsel:R. A. O Adegoke, Esq. (with him, Osasu Isibor, Esq, Prince Eric Ogiegor, Esq., Mrs. Kikelomo Abu, Miss. Ekene chuks - Okeke and Damilola Asuni, Esq.) for the Cross -appellant. For Appellant G. O. Giwa-Amu, Esq. (with him, R. A. Obhafuoso, Esq.) for the first Cross-respondent.Chief Richard Oma Ahonaruogho (with him, Niran Akinsanya, Esq, A. M. Kofoye, Esq., Oluyemi Shoyoye, Esq., T. J. Agoro, Esq., Major Ogbonna Ernest, Esq., A. O. Adenekan, Esq. and Razak Adamu, Esq.) for the second cross-respondent.E. R. Emukpoeruo, Esq., for the third and fifth cross-respondents.Mrs. Doyin Rhodes-Vivour (with her, Anthony Onwaeze, Esq. and Adejimi Adeboye, Esq.) for the fourth cross- respondent. For Respondent

OBANDE FESTUS OGBUINYA, JCA(Delivering the Leading Judgment): A single decision of the Governorship Election Tribunal of Lagos State (hereinafter referred to as the "trial tribunal"), coram judice: M. I. Sirajo, J. (Chairman), G. C. Anulude and A. Rotimi-Balogun, JJ (Members), in Petition No. Gov./EPT./L/15/2015, delivered on 1st July, 2015, gave birth to four extant appeals. This cross-appeal is one of them. It probes into the correctness of some portions of the decision; precisely the competence of paragraphs 13(b) and 14 of the petition as viable grounds to query the election.

The facts of the petition, which transformed into the cross-appeal, are submissive to brevity and easy comprehension. The third cross-respondent, the Independent National Electoral Commission (INEC, for short), a body constitutionally assigned with the onerous task of conducting election in Nigeria, conducted election into the office of the Governor of Lagos State on 11th April, 2015. In the said election, the…

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