Otunba Adedipupo A. Dina V. Otunba Justus Olugbenga Daniel & Ors. (2009)

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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.

Other Citations: (2009)LCN/3487(CA)