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ABDULKADIR
V.
SAADU

(2011) JELR 54122 (CA)

Court of Appeal 12 Dec 2011 Nigeria
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Case Details

Suit Number:EPT/CA/IL/SH/6/2011
Judges:IGNATIUS IGWEAGUBE JCA (Presided and Read the Lead Judgment) ITA GEORGE MBABA JCA OBANDE FESTUS OGBUINYA JCA
Counsel:A. Ibrahim, Esq., (with him, Y. L. Akanbi Esq., and Usman Omotosho Esq. - for 1st and 2nd Appellants. -*- Tunde Salako, Esq., - for 3rd Appellant. -*- M. I. Hanafi, Esq. (with him, M. Y. Oloriegbe Esq., L. A. Akangbe; -*- Y. O. Aluko and Y. A. Alajo, Esq. - for the Respondents.

AGUBE JCA (Delivering the Lead Judgment): Following the conduct of the elections into the Kwara State House of Assembly by the 3rd appellant on 26April 2011and the subsequent declaration and return of the1st appellant (a candidate sponsored by the 2nd appellant), as the winner of the election for the Ilorin West Central Constituency of Kwara State on 27 April 2011; the 1st and 2nd respondents filed a petition challenging the declaration and return of the 1st appellant in the National and State Houses of Assembly Election Tribunal, holden at llorin. The grounds upon which the petition was founded are as follows:

(a) “The 1st respondent was not duly elected by the majority of lawful votes cast or he did not score twenty-five percent of the lawful votes cast in two thirds of the wards in the Ilorin West Local Government Area of Kwara State where lawful votes were cast as required by the provisions of the Constitution, as amended and the Electoral Act, 2010, as amended, at the election.

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