(2009) JELR 39849 (CA)    

Court of Appeal  ·  CA/I/EPT/LH/45/08 ·  19 Jun 2009 ·  Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
notice of appeal
22nd respondents
electoral act
learned counsel
20th respondents
senior counsel
oorelope state constituency
majority of lawful votes
majority of the lawful votes
interest of justice
record of appeal
return of the appellant
fresh election
nullified units
oyo state
favour of the 1st respondent
grounds of appeal
provisions of section
return of the 1st respondent
21st respondent
akinwale v. bank of the north
bilam dambam v. ardo lele
cancellation of the affected polling units
case of ballot box stuffing
case of oshodi v. eyifunmi
cases of adeleke v. o.s.h.a.
cases of amadi v. okoli
electoral wards
face of exhibit 2nd re2
face of the clear provision of section
house of assembly elections
independent national electoral commission
issue of exhibits 2nd re2
joint brief of argument
legislative houses election petition tribunal
manipulation of electoral result
notice of preliminary objection
part of the ground of appeal
peoples democratic party
results of units
said notice of appeal
said units
seat of oorelope state constituency
wards level

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Governorship and Legislative Houses Election Petition Tribunal, sitting in Ibadan (hereafter referred to as the Tribunal), whose decision was delivered on the 31st day of January, 2008.

In its judgment, the Tribunal nullified the April 14th, 2007 House of Assembly Elections for Oorelope State Constituency, Oyo State and ordered a fresh election into the Oyo State House of Assembly for the seat of Oorelope State Constituency.

The appellant being dissatisfied with the aforesaid judgment, appealed to this Court by a Notice of Appeal dated 18th day of February, 2008 and filed the same day. The said Notice of Appeal contained three grounds of Appeal set out on pages 441 - 444 of the record of Appeal.

The background facts are that, the Appellant was the candidate sponsored for the said April 14th, 2007 election by the Peoples Democratic Party (hereinafter referred to as PDP) into the Oy…

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