DINA
V.
DANIEL

(2009) JELR 57705 (CA)    

Court of Appeal  ·  CA/I/EPT/GOV/M/40/2008 CA/I/EPT/GOV/70/2008 ·  30 Mar 2009 ·  Nigeria
CORAM
VICTOR A.O. OMAGE JCA (Presided and Read the Lead Judgment) ABUBAKAR ABDULKADIR JEGA JCA MOHAMMED LADAN-TSAMIYA JCA RAPHAEL CHIKWE AGBO JCA BODE RHODES VIVOUR JCA
Core Terms Beta
electoral act
law
error of law
1st respondent
electoral officers
local government
ogun state
2nd respondent
members of the tribunal
agents of inec
conduct of the election
election tribunal
grounds of appeal
presiding officers
provisions of section
electoral officials
returning officer
3rd respondents
forms ec8a
governorship election
return of the 1st respondent
said petition
agents of inec andthis
appeal no.ca
appellant’s petition paragraphs
competence of the petition
conduct of april
criminal responsibility of electoral officers
decision of a higher court
decision of the court of appeal
decision of the election tribunal
declared result
ec8b
error of facts
fact take place
forms of ef8c
gubernatorial elections
issue of persons
jurisdictional issue
lead judgment
no. ca
notice of appeal
omage jca
presiding electoral officers
said officers
takum local govt v
umar musa yar’adua
view of the provisions of section
vital evidence

OMAGE JCA (Delivering the Lead Judgment): The appellant inappeals No. CA/I/EPT/GOV/70/2008 and CA/I/EPT/M/40/2008 was a candidate in the governorship election held in Ogun State on 14April 2007. The 1st respondent was declared duly elected by the 2nd respondent. Not satisfied by the declared result, the appellant challenged the return of the 1st respondent at the election tribunal sitting at Abeokuta. By a motion on notice filed on 5 October 2007, the 1st respondent challenged the competence of the petition or the striking out of paragraphs 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67 and 68 of the said petition. After argument of the motion, the tribunal in a considered A ruling on 29 October 2007 refused to strike out the petition but struck out from the appellant’s petition paragraphs 12, 14, 15, 18, 19, 20, 21, 32,37, 38, 39, 40, 43, 44, 4…

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