(1998) JELR 45711 (CA)    

Court of Appeal  ·  CA/K/EPLG/19/98 ·  29 Apr 1998 ·  Nigeria
Other Citations
Jimoh v. Garuba (1998) 7 NWLR (Pt. 556) 100
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal tribunal
jimba oja
1st respondent
decision of the trial tribunal
conduct of the election
local government
trial tribunal
behalf of the petitioner
behalf of the respondent hassan garuba
brief of argument
brother ogebe j.c.a.
decision of the appeal tribunal
election appeal tribunal
election of hassan garuba
election petition
election petition tribunal of kwara state
exercise of this nature
fair election
firm view
g.k. dada
greatest respect
i.t. muhammad
james ogenyi ogebe
leading judgment
learned attorney-general of the federation
mr. adebayo adetoro
only issue
polling station
reasonable doubt
registered voters
relevant provisions of decree
remaining stations
review of the case
scores of the parties
senior advocate
substance of his argument
supply of election
support of the decision of the appeal tribunal
umaru abdullahi
various stations
votes cast

JAMES OGENYI OGEBE, J.C.A (Delivering the leading Judgment): The petitioner and-the 1st respondent along with other candidates contested the chairmanship election of Ifelodun Local Government Council on the 15th of March, 1997. The petitioner had 23,884 votes while the 1st respondent who had 24,561 votes was returned as duly elected. The petitioner was not satisfied with the result and filed an election petition before the Election petition Tribunal of Kwara State alleging irregularities in the conduct of the election. The trial Tribunal dismissed the petition and affirmed the election of Hassan Garuba as the duly elected Chairman. The petitioner was still dissatisfied and went before the Election Appeal Tribunal. The Appeal Tribunal after taking arguments from counsel on either side cancelled the votes cast in Jimba Oja and Gatta polling stations on the ground that there was over-voting in those stations. It then added the votes in the remaining stations and the 1st respondent was le…

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