OBASANYA
V.
BABAFEMI & ORS

(2000) JELR 44146 (CA)

Court of Appeal · CA/L/371/99 · 21 Jun 2000 · Nigeria
·

Other Citations

Obasanya v. Babafemi (2000) 15 NWLR (Pt.689) 1

CORAM

GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

plaintiff

decree no.

learned trial judge

1st respondent

first respondent

lower court

second respondent

originating summons

election petition

high court of lagos state

issue of fraud

issues

agency of the federal government

originating motion

alleged fraud

return of the appellant

5th day of december

better affidavit

independent national electoral commission

order of mandamus

trial court

1st defendant

3rd respondents

certificate of election

construction of a written law

local government election

plaintiffs case

present case

second issue

such issue of fraud

2nd respondent

candidate of my party

civil right of a person

election of the appellant

following facts

following reliefs

inec form ec

jurisdiction of the lower court

local government area of lagos of nigeria

members of my party

notice of appeal

only elected candidate of my party

provisions of the decree s.80

respondent action

rules of the high court of lagos state

ruling of the lagos state high court

third respondents

transitional provisions

view of sections

virtue of decree no.17

GALADIMA, J .C.A (Delivering the Leading Judgment): This appeal is against the ruling of the Lagos State High Court (Coram Oke J.) delivered on 14/7/99. The Appellant was the 1st defendant in the trial Court whilst the 1st Respondent was the plaintiff and the 2nd and 3rd Respondents were the 2nd and 3rd defendants respectively.

The 1st Respondent had filed an originating motion against the appellant, 2nd and 3rd respondents praying the lower court for the following reliefs:

"1. DECLARATION that the applicant was and is still the duly screened nominated and elected candidate and councillor of Alliance for Democracy (AD) for Ward 'F' of Lagos Mainland Local Government Area of Lagos State of Nigeria conducted on the 5th day of December, 1998.

2. PERPETUAL INJUNCTION restraining the first respondent from parading himself and or acting as the AD elected councillor for Ward 'F' of Lagos Mainland Local Government Area of Lagos State of Nigeria.

3. AN ORDER restraining the second and third r…

OBASANYA V. BABAFEMI & ORS

OBASANYA
V.
BABAFEMI & ORS