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TUNJI & ANOR
V.
BAMIDELE & ORS

(2012) JELR 35237 (CA)

Court of Appeal 8 Feb 2012 Nigeria
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- The appellants challenged the return of the first respondent as winner of the Kwara State House of Assembly election for Irepodun Constituency, alleging criminal (violence, rigging) and civil (procedural irregularities) infractions in the

Case Details

Suit Number:CA/IL/EPT/SH/15/2011
Judges:ABUBAKAR JEGA ABDULKADIR Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria CHIMA CENTUS NWEZE Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Counsel:M. Hanafi For Appellant A. Bamidele for the 1st and 2nd respondents;S.O. Ake for the 3rd Respondent For Respondent

CHIMA CENTUS NWEZE, J.C.A (Delivering the Leading Judgment): Elections were conducted into the Kwara State House of Assembly, Irepodun Constituency, on April 26, 2011. The third respondent declared and returned the first respondent as the winner. The appellants were dissatisfied with that declaration. By their petition, filed on May 17, 2011, they challenged the said return of the first respondent before the National and State Houses of Assembly Election Petitions Tribunal, (hereinafter referred to as the tribunal).

In a considered judgement delivered on November 13, 2011, the tribunal dismissed the petition. Expectedly, the appellants were aggrieved, hence this appeal. They formulated three issues for the resolution of this appeal [paragraph 2,1.1 of the brief of argument].

On their part, the first and second respondents set out six issues for the determination of this appeal. The third respondent entreated this court to resolve three issues it set out in paragraph 4.01 of its brief…

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