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OYEBODE & ANOR
V.
GABRIEL & ORS

(2011) JELR 48500 (CA)

Court of Appeal 14 Dec 2011 Nigeria
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Case Details

Suit Number:CA/EPT/EK/3/2011
Judges:SOTONYE DENTON-WEST Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria OBANDE OGBUINYA Justice of The Court of Appeal of Nigeria
Counsel:Owoseni Ajayi with Simeon Nyimone & Isiah Anubi For Appellant Niyi Idowu with Lawal Alabi & Stephen Ademuagun for the 1st and 2nd Respondents.Oso Adetunji for the 5th and 6th Respondents For Respondent

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): On 17th November, 2011, I dismissed this appeal and pursuant to section 9(8) of the second Alteration No.2 of 2010 of the 1999 Constitution of the Federal Republic of Nigeria, (as amended), reserved the reasons therefore to a future date. The said reasons are hereby given.

The National and House of Assembly Election Petitions Tribunal sitting at Ado-Ekiti on 21st September, 2011 upheld the election of the 1st Respondent as the member representing Efon Constituency at the Ekiti State House of Assembly, in the general elections of 26th April, 2011. The Appellants' petition against the aforementioned election was dismissed. The petitioners/appellants not being satisfied with the judgment of the lower tribunal, appealed to this Court. The appeal was erected on six (6) grounds of appeal. For ease of reference and appreciation, the said grounds of appeal, are reproduced hereunder, to wit:

"GROUNDS OF THE APPEAL

1. GROUND ONE

The l…

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