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SOCIAL DEMOCRATIC PARTY (SDP)
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 2 ORS

(2026) JELR 114650 (CA)

Court of Appeal 9 Jan 2026 Nigeria
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Case Details

Suit Number:CA/IB/EP/HR/OG/01/2025
Judges:Ebiowei Tobi, JCA Binta Fatima Zubairu, JCA Fadawu Umaru, JCA
Counsel:Dr. Adewole Adebayo, with him, Solomon Dalung, Esq. and Ebenezer Akinbuli, Esq. for the Appellant. Harrison Ogalogu, Esq. with him, Akinbobola Akinluyi, Esq. for the 1st Respondent. Adewale Mosadomi, Esq. for the 2nd Respondent. Afolasade Adewunmi, Esq. for 3rd Respondent.
Location:Ibadan

FADAWU UMARU, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Election Petition Tribunal (hereinafter referred to as “the Tribunal”) sitting in Ibadan in Petition No. EPT/OG/HR/01/2025 delivered on the 12th day of November, 2025. 

The bye-election for the Ikenne/Sagamu/Remo North Federal Constituency into the House of Representatives was conducted by the 1st Respondent on 16th day of August 2025 under the Electoral Act, 2022. The Appellant sponsored Ogunkoya Adetayo Adeniji as its candidate, while the 2nd Respondent sponsored the 3rd Respondent, Mrs. Adesola Ayoola-Elegbeji. At the conclusion of the election, the 1st Respondent declared the 3rd Respondent duly elected, having secured 41,237 lawful votes, while the Appellant’s candidate polled only 10 votes, leaving a margin of 41,227 votes. Notably, the Appellant’s candidate did not challenge the outcome of the election and was not joined as a co-petitioner. Despite this, the Appellant filed a petition o…

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