OLANIPEKUN & ANOR.
V.
MAITO & ORS.

(2006) JELR 46264 (CA)    

Court of Appeal  ·  CA/B/149/06 ·  19 Oct 2006 ·  Nigeria
CORAM
PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA-AJI Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria
Core Terms Beta
petition
court
lower tribunal
2nd respondents
electoral act
1st respondent
grounds of appeal
notice of appeal
2nd respondent
ondo state house of assembly
bye-election
result of the election
1st appellant
brief of argument
following terms
inter alia
issues
1st petitioner
days period
high court registry
ondo state
payment of filing fees
registry of the lower tribunal
2nd appellant
2nd petitioner
absence of the constitution of the membership
aforementioned grounds of appeal
bye election
considered judgment
electoral commission
endorsement of payment of fees
expectation of the relevant laws
facts of the present case
filing receipt
leading judgment
legal right
legislative houses election petition tribunal
notices of preliminary objection
payment of the necessary statutory fees
present situation
question of jurisdiction
said judgment
standing principle of true justice
substantive petition
view of the provisions of section
violation of the law
votes of 1st petitioner

PIUS OLAYIWOLA ADEREMI, J.C.A. (Delivering the Leading Judgment): The 1st Petitioner (hereinafter referred to as the 1st appellant was a candidate for the bye-election into the Ondo state House of Assembly. He contested under the umbrella of the Alliance for Democracy, the 2nd Petitioner (hereinafter referred to as the 2nd appellant on the 26th of November 2005 in Akoko North West Local Government Constituency I. The 1st respondent who also contested the same election under the cover of the People's Democratic Party, the 2nd respondent was returned as the winner by the Independent National electoral Commission (INEC) having, according to INEC, scored 5210 votes as against the votes of 1st Petitioner put at 3460 votes. Other contestants in the said bye election were L.O. Oyewole under NDP; he was said to have scored 9 (nine) votes; while Oloruntoba A.O. who contested under A.A. scored 79 (seventy-nine) votes. Dissatisfied with the result of the election, the appellant challenged the el…

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