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OLAITO
V.
AKINTUNDE

(2015) JELR 57398 (CA)

Court of Appeal 4 Dec 2015 Nigeria
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Suit Number:CA/IB/EPT/HA/14/2015
Judges:HARUNA SIMON TSAMMANI JCA OBIETONBARA DANIEL-KALIO JCA
Counsel:Samuel Umesi - for the Appellants. -*- Kazeem A. Gbadamosi (with him, Sunday A. Aborisade -*- Esq., Yakub A. Fadare Esq., Motiu Kolapo Raji Esq. and Michael Akerele Esq.) - for the 1st Respondent. -*- Samuel Onwukwe Esq. (with him, Otunba O. Bolanle) - -*- for the 2nd Respondent. -*- D. S. Togun - for the 3rd Respondent

MSHELIA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of National and State House of Assembly Election Tribunal sitting at Ibadan, Oyo State, delivered on 7 October 2015.

On 11 April 2015, the 3rd respondent conducted election in respect of State House of Assembly in Oyo State. The 1st appellant was the candidate sponsored by the 2nd appellant into the Oyo State House of Assembly for Ibarapa Central/North Constitutency in the election conducted by the 3rd respondent. The 1st respondent contested under the platform of the 2nd respondent (APC). At the conclusion of the election, the 3rd respondent announced that the 1st respondent scored 10,017 votes as against the 1st appellant’s 9,677 votes and having been recorded as scoring the majority of total valid votes, the 1st respondent was declared the winner and returned as duly elected by the 3rd respondent.

Dissatisfied with the conduct of the election and return of the 1st respondent as the winner of the electi…

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