I.T. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): At the local government elections conducted on the 5th or December. 1998. the 1st appellant and the 1st respondent contested for the chairmanship of Makarfi Local Government Council. 1st respondent was declared winner by the 4th respondent when he scored the highest number of votes 19.361 as against 14.244 scored by the 1st appellant 1st appellant and his party All People's Party (APP) as 2nd appellant were dissatisfied with the result declaration and they riled a petition at the Local Government Council Election Petition Tribunal or Kaduna State (the tribunal).
The appellants as petitioners alleged that the 1st respondent was not qualified to contest the election by virtue of the fact that his nominated vice chairman (not a party in the petition), was in the employment of Makarfi Local Government Education Authority upto and including the 22nd of November, 1998, and that he did not resign his appointment 30 days before the elec…