OTUNBA ADEDIPUPO A. DINA V. OTUNBA JUSTUS OLUGBENGA DANIEL & ORS.
(2009)LCN/3487(CA)
In The Court of Appeal of Nigeria
On Monday, the 30th day of March, 2009
CA/I/EPT/GOV/M/40/2008
JUSTICES
VICTOR AIMEPOMO. O. OMAGE. Justice of The Court of Appeal of Nigeria
OFR Justice of The Court of Appeal of Nigeria
ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria
MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
BODE RHODES VIVDOUR Justice of The Court of Appeal of Nigeria
Between
OTUNBA ADEDIPUPO A. DINA – Appellant(s)
AND
1. OTUNBA JUSTUS OLUGBENGA DANIEL
2, THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
3. RESIDENT ELECTORAL COMMISSIONER, OGUN STATE
4. THE COMMISSIONER OF POLICE, OGUN STATE
5. THE NIGERIAN ARMY
6, THE RETURNING OFFICER, IPOKIA LOCAL GOVERNMENT
7. THE RETURNING OFFICER, YEWA SOUTH LOCAL GOVERNMENT
8. THE RETURNING OFFICER, IMEKO-AFON LOCAL GOVERNMENT
9. THE RETURNING OFFICER, YEWA NORTH LOCAL GOVERNMENT
10. THE RETURNING OFFICER, ADO-ODO/OTTA LOCAL GOVERNMENT
11. THE RETURNING OFFICER, EWEKORO LOCAL GOVERNMENT
12. THE RETURNING OFFICER, ABEOKUTA NORTH LOCAL GOVERNMENT
13. THE RETURNING OFFICER, ODEDA LOCAL GOVERNMENT
14. THE RETURNING OFFICER, ABEOKUTA SOUTH LOCAL GOVERNMENT
15. THE RETURNING OFFICER, OBAFEMI/OWODE LOCAL GOVERNMENT
16. THE RETURNING OFFICER, IFQ LOCAL GOVERNMENT
17. THE RETURNING OFFICER, SAGAMU LOCAL GOVERNMENT RESPONDENTS
18. THE RETURNING OFFICER, REMO NORTH LOCAL GOVERNMENT
19. THE RETURNING OFFICER, IKENNE LOCAL GOVERNMENT
20. THE RETURNING OFFICER, DDOGBOLU LOCAL GOVERNMENT
21, THE RETURNING OFFICER, IJEBU-DDE LOCAL GOVERNMENT
22. THE RETURNING OFFICER, OGUN WATERSIDE LOCAL GOVERNMENT
23. THE RETURNING OFFICER, IIEBU EAST LOCAL GOVERNMENT
24. THE RETURNING OFFICER, IIEBU NORTH LOCAL GOVERNMENT
25. THE RETURNING OFFICER, IJEBU NORTH EAST LOCAL GOVERNMENT – Respondent(s)
Summary
The appellant in appeals No. CA/I/EPT/GOV /70/2008 and CA/I/EPT/GOV/N/40/2008 was a candidate in the Governorship election held in Ogun State on 14th, April 2007. The 1st respondent was declared duly elected by the 2nd respondent. Not satisfied by the declared result the appellant challenged the return of the 1st respondent at the Election Tribunal sitting at Abeokuta. By a Motion on Notice filed on 5/10/07 the 1st respondent challenged the competence of the petition of the striking out of paragraphs 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67 and 68 of the said petition. After argument of the motion, the tribunal in a considered ruling on 29th October 2007 refused to strike out the petition but struck out from the appellant petition paragraphs 12, 14, 15,18, 19, 20, 21, 32, 37, 38, 39, 40, 43, 44, 46, 47, 48, 51, 52, 53, 55, 56, 57, 58, 59, 60 and 64 of the petition. Not satisfied with the said ruling, the appellant filed appeal No. CA/I/EPT/GOV/M/40/2008. Because of the state of the appellant’s pleadings and his prayers, the other issues raised by him could not avail him. His pleadings have been rendered completely devoid of particularization of the allegations of criminal conduct by electoral officials. As admitted by him in his argument in CA/EPT/GOV/M/40/2008, his petition has become an empty shell. The other issues raised cannot rectify his position to avail him of any of the prayers in his petition. The petition was dismissed.
