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OMAMULI
V.
OMU & ORS

(1999) JELR 43645 (CA)

Court of Appeal 25 May 1999 Nigeria
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Case Details

Suit Number:CA/B/128/99
Judges:ISA AYO SALAMI Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria
Counsel:T.J.O. Okpoko. SAN. (with him are T. E. Uwubetine. T. R. Ikpafor and R. R. Epkemede) For Appellant J.O. Aghimien Esq (with him are V. N. Adakpo. D. I. Ikpomweu, M. E. Egbadon. A. Osayomwanbor. P. O. Ochuba and Y. D. Igbrude) For Respondent

BABA ALKALI BA'ABA, J.C.A. (Delivering the Leading Judgment): In the National Assembly Election held on 20th of February, 1990, Petitioner/Cross-appellant and the 1st Respondent/Appellant were two of the three candidates in the Senatorial Election in Delta South Senatorial District. Petitioner/Cross-appellant contested under the platform of the All Peoples Party - APP while 1st Respondent/Appellant contested under the platform of the Peoples Democratic Party - PDP. At the end of the election 2nd, 4th, 5th and 6th Respondents returned 1st Respondent/Appellant as the winner on the basis that 1st Respondent/Appellant scored 167,225 votes as against Petitioner/Cross-Appellant's score of 152,156 votes. The Petitioner/Cross-appellant was unhappy with the declaration and return of the 1st Respondent/appellant as the winner of the said election as a result, the Petitioner/Cross-appellant filed an election petition on 8/3/99, and questioned the election on two grounds set out in paragraph 5 of…

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