(1999) JELR 43797 (CA)    

Court of Appeal  ·  CA/IL/EPA/2/99 ·  4 Mar 1999 ·  Nigeria
Other Citations
Fapohunda v. Oluwasola (1999) 3 NWLR (Part 596)
Fapohunda v. Oluwasola (1999) 3 NWLR (Pt. 596) 531
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower tribunal
decree no.36
election petition
dead petition
learned counsel
expiry of the time
prevailing law
first respondent
present case
virtue of paragraph
way of summary
above sub-issues
adeoti bolanle olalekan
appellant chief wale olanipekun san
chairmanship election
civil cases
constitutional court
decision of the election tribunal
different language
effect of the address of the petitioner
entire petition
facts of this case
following content viz
grounds of appeal
issue vis
learned san
local government
name of the occupier
outcome of the election
peoples party
petition of the petitioner
present position of the law
provisions of decree no.
relevant authorities
relevant provisions of decree no.36
respondent mr. a. o. akerele
ruling of the lower tribunal
single issue
special provisions
starting point
submissions of both learned counsel
substantial alteration of the ground
support of their case
supreme court

OKUNOLA, J.C.A, (Delivering the Leading Judgment): The facts of this case briefly put were as follows:

The appellant was the candidate of the Alliance for Democracy in the 5th of December, 1998, Chairmanship Election into the Ekiti South-West Local Government and he lost to the first respondent, a candidate of the All Peoples Party who scored 4,941 votes to appellants 4,394. Dissatisfied with the outcome of the election, the appellants herein as petitioner filed an election petition on 21st December, 1999, that is sixteen (16) days after the publication of the election result.

First respondent filed a reply to the petition on 5th January, 1999 and a motion to strike out the petition on 23rd January, 1999. This was, however, abandoned following objection by petitioner on point of waiver on 25th January, 1999.

On 28th January, 1999 petitioner - appellant filed an application seeking to amend his petition by adding the name of the occupier at which documents intended for petitioner may …

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