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KAYODE A. & ANOR
V.
ABDULFATAI & ORS

(2012) JELR 35231 (CA)

Court of Appeal 10 Dec 2012 Nigeria
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- This is an appeal against the decision of the National/State Houses of Assembly Election Petition Tribunal - The original Tribunal nullified the election in two wards and ordered a fresh election in those wards - The Appellants were dissa

Case Details

Suit Number:CA/IL/EPT/SH/2/2012
Judges:PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria OBANDE O. F. OGBUINYA Justice of The Court of Appeal of Nigeria
Counsel:Mr. S. O Babakebe For Appellant Mr. AbdulWahab Bamidele with him is Ahmed AbdulYakeen and M. T Usman for the 1st and 2nd Respondents.Mr. Tunde Salako with Jacob Ayanda for the 3rd Respondent. For Respondent

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the National/State Houses of Assembly Election Petition Tribunal henceforth to be referred to as the Tribunal sitting at Ilorin, which was delivered on the 17th of October, 2012.

The facts of the case that gave rise to this appeal are straight forward and simple and are ably set out in the parties briefs of argument. I will therefore recount the facts albeit briefly in this judgment.

On the 26th of April 2011, State Houses of Assembly elections were held throughout Kwara State. At the end of the elections which was conducted by the 3rd Respondent, the 1st Respondent was declared the winner and returned elected member of the Kwara State House of Assembly representing Ilorin North/West Constituency. The 1st Appellant herein who was sponsored by the 2nd Appellant in that election was aggrieved by the result of the election and therefore presented a petition No.EPT/KWA/SH/8/2011 of 18/…

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