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ABUBAKAR
V.
DANKWAMBO & ORS

(2015) JELR 39705 (CA)

Court of Appeal 10 Sep 2015 Nigeria
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Case Details

Suit Number:CA/YL/EPT/GMB/GOV/62/2015(CONSOLIDATED)
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria
Counsel:Samuel Peter Kargbo, Esq. (with Augustine Erhabor, Esq.) for the Appellant. For Appellant Ibrahim Isiyaku, Esq. SAN (with Z. M. Umar, Esq. and C. Ubale, Esq.) for the 1st Respondent.Ibrahim Isiyaku, Esq. SAN (with N. D. Gwaison, Esq. and J. E. Okonkwo, Esq.) holding the brief of Solomon E. Umoh, Esq. SAN for the 2nd Respondent. Olajide Ayodele Esq., SAN (with A. G. Yaro, Esq., J. J. Adamu, Esq., H. Abdul, Esq., A. O. Ayodele, Esq. and M. D. Ayodele, Esq.) for the 3rd Respondent.Y. D. Dangana, Esq. (with Mrs. Halita K. Raje) for the 4th Respondent. For Respondent

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): As a sequel to the gubernatorial election for Gombe State held on 11th April, 2015 at which the 1st respondent herein was returned as duly elected, the appellant who was a candidate at the election filed a petition at the Governorship Election Petition Tribunal challenging the return of the 1st respondent as duly elected.

After the close of pleadings, the appellant applied for the issuance of pre-hearing conference notice pursuant to Paragraph 18(1) of the 1st Schedule to the Electoral Act. The tribunal duly issued pre-hearing information sheet and the parties filed their respective answers. Thereafter, the pre-hearing commenced at the end of which the tribunal issued a report of pre-hearing s ession and then fixed the petition for hearing.

The 1st respondent later filed an application wherein he urged the court to strike out the petition upon the ground that the petition was signed by Sam Kargbo, Esq., a name that is n…

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