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INEC
V.
ILIYA & 3 ORS.

(2023) JELR 113048 (CA)

Court of Appeal 7 Nov 2023 Nigeria
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Case Details

Suit Number:CA/J/EP/PL/HR/35/2023
Judges:ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, JCA MOHAMMED MUSTAPHA, JCA OKON EFRETI ABANG, JCA
Counsel:S. A. Tsokwa for the Appellant. M. S. Salihu with A. S Umar & J. O. Anejeta for the 1st and 2nd Respondents. D. D. Dodo (SAN), M. O. Adebayo (SAN) with H. N. Ugwuala, Niri Denang, Kpenzin, S. Eigege, N. Duren, S. D. Essah, I. Adeyemi, F. Adomojie for the 3rd Respondent, S. Y. Tsok with A. J. Adudu & I.O. Haruna for the 4th Respondent.
Location:Abuja

OKON EFRETI ABANG, JCA (Delivering the Leading Judgement): This is an appeal against the decision of the National and State Houses of Assembly Election petit ion tribunal sitting at Jos for Election into the office of member House of Representatives for Jos South/Jos East Federal Constituency Plateau State held on 25/2/2023 delivered on 12/9/2023.

The tribunal entered Judgment in favour of the 1st and 2nd Respondents and allowed the petition. The appellant being dissatisfied with the decision of the tribunal appealed against the said decision upon the grounds and reliefs set out in the Notice of Appeal.

In the petition filed on 17/3/2023, the 1st and 2nd Respondents challenged the election and return of the 3rd Respondent who was returned by the Appellant as winner of the election. The petition was predicated on two grounds. That the appellant was at the time of the election not qualified to contest the election. That the election was invalid by reason of non-compliance with the provi…

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