(2009) JELR 39877 (CA)    

Court of Appeal  ·  CA/I/EPT/HA/6/2008 ·  29 Oct 2009 ·  Nigeria
CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
electoral act
3rd respondents
learned counsel
first schedule
political party
preliminary objection
lower tribunal
provisions of section
locus standi
1st respondent
2nd respondent
independent national electoral commission
learned justices of the tribunal
joint reply
ogun state
decision of the tribunal
following grounds
legislative houses election petition tribunal
okafor vs. okeke
petition no. ept
provisions of the electoral act
return of the 2nd respondent
application strike
attention of this court
dapialong vs. dariye
determination of this petition
election act
honourable justices h.m. tsammani
honourable tribunal of its requisite jurisdiction
individual presiding officers
issue of qualification of the 1st petitioner
learned justices
light of the provisions of sections
light of the supreme court judgment
necessary parties
oloriode vs. ovebi
order of the tribunal
present appeal
purported return of the 2nd respondent
rules of this court
ruling of the tribunal coram
said election
subject matter
tribunal lacks jurisdiction
virtue of the proceedings
way of preliminary objection

SIDI DAUDA BAGE, J.C.A., (Delivering the Leading Judgment): This is an appeal by the Appellant who was Petitioner at the Governorship/National Assembly and Legislative Houses Election Petition Tribunal, Ogun State, sitting at Abeokuta, in Petition No. EPT/OG/HA/11/2007, against the Ruling of the Tribunal Coram:- Honourable Justices H.M. Tsammani, B. H. Ismail, C. U. Ukpe, U. M. Sadiq, and C. O. Onyeabo, delivered on the 18th of October 2007, on a preliminary objection brought by the 2nd Respondent. The facts leading up this Appeal are briefly set out as follows:-

"Elections were held throughout the Federal Republic of Nigeria on the 14th April, 2007 into the State Legislative Houses of Assembly. The Petitioner/Appellant contested as a Candidate for Ogun State House of Assembly for Abeokuta II Constituency, and at the end of the election, the 1st Respondent, the Independent National Electoral Commission (INEC) declared the 2nd Respondent as the winner of the election."

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