BOWALE
V.
ADEKOYA

(2015) JELR 57753 (CA)    

Court of Appeal  ·  CA/IB/EPT/HA/17/2015 ·  7 Dec 2015 ·  Nigeria
CORAM
ADZIRA GANA MSHELIA JCA (Presided and Read the Lead Judgment) HARUNA SIMON TSAMMANI JCA OBIETONBARA DANIEL-KALIO JCA
Core Terms Beta
2nd respondents
appellants
first schedule
electoral act
notice of appeal
duplicate result sheets
paragraphs
civil procedure
3rd respondent
cross-appellants
1st respondent
appellants’ counsel
result of the election
senior counsel
notice of preliminary objection
provisions of the electoral act
duplicate counterpart result sheets
election of the 1st respondent
election tribunal
electoral law
number of documents
oral evidence
such motion
winner of the election
a 2nd appe lant’s motion
a ijebu north
alternative file
appellants motion
circumstances of this case
cognizance of the express provisions of paragraph
contravention of order
court practice directions
election petition no. ept
g. see
highest number of lawful votes
independent national electoral commission
judgment of the tribunal
notice of cross-appeal
original documents
provisions of electoral act
provisions of the constitution of the fe dera l
requirements of the law
result of the 1st respondent
return of the 1st respondent
rules of professional conduct
series of facts
similar elections
state house election petition tribunal
theoriginal result sheets
true copies of the results

MSHELIA JCA (Delivering the Lead Judgment): On 11 April 2011, the Independent National Electoral Commission (INEC), (3rd respondent) conducted elections into the various constituencies of the Ogun State House of Assembly amongst other similar elections in Nigeria. While declaring the result of the 1st respondent as the candidate who scored the majority of valid votes and the winner of the election, he was credited with 14,320 votes. The petitioner who scored and was credited with 8,066 was dissatisfied with the result of the election and sought to challenge same in election petition No. EPT/OGSA/ABK/ 003/2015 dated and filed on 30 April 2015 before the National Assembly and State House Election Petition Tribunal sitting in Abeokuta, Ogun State.

The petition is predicated on 3 grounds. They are:

The 1st respondent, Mr. Olayinka S. Bowale was not duly elected by majority of lawful votes cast at the election and therefore did not, meet or satisfy the requirements of the law to be returne…

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