OLUYEMI & ANOR
V.
ASAOLU & ORS

(2008) JELR 43868 (CA)    

Court of Appeal  ·  CA/IL/EP/HA/12/2007 ·  12 Jun 2008 ·  Nigeria
CORAM
OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria SONTOYE DENTON-WEST Justice of The Court of Appeal of Nigeria JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria
Core Terms Beta
tribunal
1st respondent
appellants
1st petitioner
electoral act
2nd respondents
1st appellant
learned counsel
locus standi
issues
ekiti south west
letter of resignation
lower tribunal
petitioners
2nd appellant
action congress
issue no.
political parties
election nomination of the 1st petitioner
jurisdiction of the tribunal
legislative houses election tribunal
peoples democratic party
staff file of the 1st respondent
4th respondents
circumstances of the case occasion
ekiti state house of assembly
exhibit dw2b
hearing of the petition
inadmissible nature of exhibit dw2c
banner of peoples democratic party
candidate of the 2nd respondent
conclusion of the election
considered judgment
contents of exhibit pw4c
court lacks jurisdiction
decision of the lower tribunal
inec exhibit dw2b
judgment of the ekiti state governorship
legal contest
order of this court
original file of the 1st respondent
petition med
provision of the electoral act
pw3 rji
pw5rj
resume of the background facts of the case
such lack locus standi
winner of the election

O. O.ADEKEYE, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of the Ekiti State Governorship and Legislative houses Election Tribunal delivered on the 31st of October 2007. In the considered judgment the Tribunal dismissed the petition med by the Appellants - Nicholas Oluyemi and the Peoples Democratic Party, against the return of the 1st

Respondent, Ajewole Edward Asaolu as the winner of the election into the Ekiti State House of Assembly in the Ekiti South West 1 Constituency.

Being aggrieved by the decision of the lower Tribunal, the Appellant lodged an appeal in this court on the 19th of November 2007. In giving a resume of the background facts of the case, the 1st Appellant and the 1st Respondent contested the election held on the 14th of April 2007 into the Ekiti State House of Assembly. The 1st Appellant contested under the banner of Peoples Democratic Party (PDP) the 2nd Appellant and the 1st Respondent contested as candidate of the 2nd Respon…

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