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OLLY
V.
TUNJI & ORS

(2012) JELR 35043 (CA)

Court of Appeal 26 Apr 2012 Nigeria
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Case Details

Suit Number:CA/L/667/2011
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria JOHN IYANG OKORO Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Counsel:Bola Aidi With him: Oba OlayiwolaJ. O. Oyedepo For Appellant With him: I. A. Thanni, Tade Ogundimu, Tony Aghotse, J. J. Ogunyemi, Awatefe B. O. [Mrs) and Ogunsami (Mr) - for the 1st RespondentMuiz Banire With him: Adebayo Badimus, Olamide Ajibola Jumoke Shodipo [Miss) and Oyekanmi Elegushi - for 2nd respondentA.F. Lawal SLO INEC - for the 3rd Respondent For Respondent

HELEN MORONKEJI OGUNWUMIJU, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice Stephen Jonah Adah of the Federal High Court delivered on 31st March 2011 wherein the court entered judgment in favour of the Plaintiff and granted all the reliefs sought.

The facts that led to this appeal are as follows:

The party primaries of the 2nd Defendant was conducted on 12th January 2011 to determine the candidate for Amuwo-Odofin Constituency of the Federal House of Representatives among other candidates. The name of the 1st Defendant was submitted by the party - Action Congress of Nigeria, to the 3rd Defendant - the Electoral body, while the Plaintiff claimed to have won the primaries by scoring a total of 61 votes. Dissatisfied and by an amended originating summons dated 7th March 2011, the Plaintiff prayed for the following reliefs:

''1. A declaration that the Plaintiff is the winner of the 2nd Defendant's primary elections for Amuwo-Odofin Fe…

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