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ARISE
V.
ADETUNBI

(2009) JELR 53489 (CA)

Court of Appeal 8 Jul 2009 Nigeria
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- The judgment is regarding an election dispute in the Ekiti North Senatorial District. - The election was declared in favor of the first appellant, but the first and second respondents filed a petition challenging the results. - The tribun

Case Details

Suit Number:CA/IL/EP/SEN/27/08
Judges:SOTONYE DENTON-WEST JCA (Presided) JUMMAI HANNATU SANKEY JCA (Read the Lead Judgment) IGNATIUS IGWE AGUBE JCA
Counsel:Olu Daramola SAN (with him, S.R. Ashaolu Esq., A.M. Lawal Esq., Oluwole Aladedoye Esq., Ola Faro Esq. and A. Belgore Esq.,) - for the Appellants. -*- Chief A.A.Adeniyi Esq., (with him, R.O. Balogun Esq., A. Oso Esq. and A. Umar Esq.,) - for the 1st and 2nd Respondents. -*- Mrs. Maureen Arinze - for the 3rd to 10th Respondents.

SANKEY JCA (Delivering the Lead Judgment): Election into the Ekiti North Senatorial District was held on 21 April 2007. Ayo Arise, the 1st appellant, contested under the platform of the 2nd appellant, the Peoples’ Democratic Party (PDP), while Olubunmi Adetunbi, the 1st respondent, contested under the platform of the 2nd respondent, the Action Congress (AC). The election was conducted by the Independent National Electoral Commission (INEC), 3rd respondent herein, through its officers, some of which have been joined to this appeal as the 4th to the 10th respondents. At the conclusion of the election, Ayo Arise was declared the winner of the election. Dissatisfiedwith the results declared by INEC, Olubunmi Adetunbi and the AC filed a petition of 12 paragraphs at the Ekiti State National Assembly Election Tribunal, wherein they prayed the court for the following reliefs -

“(12) Wherefore, your petitioners pray that it may be determined:

That the said Mr. Ayo Arise was at the time of the …

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