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KAKA
V.
DANIEL & ORS.

(2009) JELR 40004 (CA)

Court of Appeal 2 Feb 2009 Nigeria
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Case Details

Suit Number:CA/I/EPT/GOV/26/2008
Judges:VICTOR A. O Justice of The Court of Appeal of Nigeria OMAGE Justice of The Court of Appeal of Nigeria OFR Justice of The Court of Appeal of Nigeria ABUBAKAR A. JEGA Justice of The Court of Appeal of Nigeria MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria BODE RHODES VIVOUR Justice of The Court of Appeal of Nigeria
Counsel:Razaq Okesiji, Esq. For Appellant Professor Taiwo Oshipitan, SAN, Tayo Oyetibo SAN Kemi Pinheiro, SANKunle Kalejaiye SAN For Respondent

VICTOR A. O. OMAGE OFR, J.C.A: (Delivering the Leading Judgment): This is an appeal against the one page petition of the appellant against the decision of the Ogun State Governorship and Legislative Houses Election Tribunal which sat in Abeokuta Ogun State Coram Justice H. M. Tsammani and four others. The Tribunal delivered its judgment on 20th July, 2007. In the petition the petitioner seeks thus:- "That the election may be determined that the said Otunba Gbenga Daniel was not duly elected and returned and that his election was void and the said Adegbenga Sefiu Kaka was elected and ought to have been returned as the case may be."

The grounds stated in the petition on which the petitioner seeks the return of himself as the Governor and the claim to voidability of the return as Governor of Ogun State of Governor Gbenga Daniel is founded as follows: - (1) That the election held on 14th April, 2007, in which he Gbenga Daniel, and Ibikunle Amosu Dipo Dina were candidates were marked with …

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