(2003) JELR 44945 (CA)    

Court of Appeal  ·  CA/IL/EP/SA/1/2003 ·  8 Dec 2003 ·  Nigeria
PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria JA'AFARU MIKAILU Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
electoral act
necessary parties
paragraphs of the petition
official role
preliminary objection
conduct of the election
notice of preliminary objection
17th respondents
proper parties
village heads
lower tribunal
senior counsel
case of buhari
official status
petition of the appellant
electoral malpractices
leading judgment
learned counsel
such officer
supreme court
aid of the 1st respondent
competence of the petition
conclusion of the election
conduct of some agents of the first respondent
conduct of the said election
determination of the appeal
election tribunal
electoral law
facts of the case
favour of 1st respondent
first issue
following facts
following findings
legislative house election tribunal
nigeria peoples party
offending paragraphs of the petition
petition no.kw
presiding officers
ruling of the national assembly
search of the offending paragraphs
serious criminal allegations
talks of the conduct of persons
unnamed village head
various acts of violations
words of the document

WALTER SAMUEL NKANU ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the National Assembly/Governorship and Legislative House Election Tribunal holden at Ilorin in Petition NO.KW/SA/1/03 delivered on 4th June, 2003 striking out the Petition of the appellant on the ground that proper parties were not made respondents in the petition.

The appellant was dissatisfied with the ruling and appealed to this court.

The facts of the case include the following.

The appellant, 1st respondent and one ADAMU GOOGE contested the 3rd May, 2003 election for a seat in the Kwara State House of Assembly on the platform of Peoples Democratic Party (PDP); All Nigeria Peoples Party (ANPP) and Alliance for Democracy (AD) respectively. At the conclusion of the election the 1st respondent was declared duly elected with a majority of lawful votes of 5,531 while the appellant polled 5,408 and Adamu Googe, 3,626 votes. The appellant was not satisfied with the conduct of…

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