KAKA
V.
DANIEL & ORS.

(2009) JELR 40004 (CA)    

Court of Appeal  ·  CA/I/EPT/GOV/26/2008 ·  2 Feb 2009 ·  Nigeria
CORAM
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
Core Terms Beta
petition
petitioner
1st respondent
election
preliminary objection
appeal
23rd respondents
issue
failure of the petition
j.c.a
majority of lawful votes
motions
diversion of election materials
intimidation of voters
local government
proposed amended petition
stuffing of ballot boxes
amendment of the petition
determination of the appeal
interlocutory appeal
notice of preliminary objection
2nd-23rd respondents
abubakar abdul-kadir jega
application of the petition
ballot papers
clerical error
content of its preliminary objection
decision of the lower court
decision of the ogun state governorship
election petition
filing of the petition
hearing of the petition
leading judgment
legislative houses election tribunal
notice of appeal
page petition of the appellant
partial order
petition of any cognizable right of action
prescribed rules
reply of the 1st respondent
respect of this motion
said otunba gbenga daniel
sake of records
second reason
statutory requirement
submissions of all counsel
tribunal lacks competency
tribunal office
undated statements
victor a. o. omage ofr

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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