Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



LAWAL
V.
ADEBAYO & ORS.

(2009) JELR 39938 (CA)    

Court of Appeal  ·  CA/I/EPT/LH/37/2008 ·  7 Jul 2009 ·  Nigeria
CORAM
CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
1st respondent
votes
lower tribunal
evidence
trial tribunal
political thugs
majority of lawful votes
ballot papers
documentary evidence
fresh election
lead judgment
present appellant
2nd respondent
provisions of section
provisions of the electoral act
stuffing of ballot boxes
weight of evidence
learned tribunal
oyo state
part of the 1st respondent
polling stations
present 1st respondent
view of the provisions of section
written statements
brief fact of the appeal
consideration of the case
considered opinion
decision of the trial tribunal
election petition
end of the aforesaid election
following reliefs
house of assembly election
lawful votes of the affected units
leading judgment
learned trial tribunal
legislative houses election petition tribunal
lower court
misleading arithmetic calculation of the affected units
normal addresses of both counsel
open court
peoples democratic party
return of the 1st respondent
said petition
tribunal finds
true evidence
unprecedented acts of violence
valid votes of the parties
view of the documentary evidence

ISTIFANUS THOMAS, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Governorship and Legislative Houses Election Petition Tribunal, sitting in Ibadan which was delivered on 6th day of March, 2008.

The brief fact of the appeal is that the tribunal nullified the April, 14th 2007 House of Assembly Election for Lagelu Constituency, Oyo State and made an order that a fresh election be conducted into the same House of Assembly for the seat of Lagelu Constituency.

The present Appellant was the candidate sponsored by his party, Peoples Democratic Party (PDP) and at the end of the aforesaid election on 14th April, 2007, the 2nd Respondent, namely INEC, declared him as the winner having scored 13,237 votes, and the present 1st Respondent, who contested as the sponsored candidate of All Nigeria People Party, (ANPP), scored 6,188 votes.

The 1st Respondent, being dissatisfied with the result that, the present Appellant was the winner, filed an election Petition…

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