(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
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
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
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…

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