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AHMED & ANOR
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2019) JELR 111366 (CA)

Court of Appeal 24 Oct 2019 Nigeria
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Case Details

Suit Number:CA/A/EPT/833/2019
Judges:STEPHEN JONAH ADAH JCA TINUADE AKOMOLAFE WILSON JCA MOHAMMED BABA IDRIS JCA
Counsel:Tawo E. Tawo SAN, with: Oluminde Olaiya Esq. Femi Motojebi Esq. Paul S. Akande Esq. and Femi Adepoju for the Appellant; Arome Sule Esq., for the 1st Respondent; P. B. Dauda Esq., for the 2nd Respondent/Applicant; Abdulwahab Muhammed Esq. for the 3rd Respondent with M. C. Abdullahi Esq. A. M. Adoji Esq. and S. A. Abbasi; 4th and 5th Respondent were not served.
Location:Abuja

STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): On the 23rd day of February, 2019 the 1st Respondent Independent Electoral Commission (INEC) conducted the National Assembly election for Kogi Central Senatorial District of Kogi State. At the election the 1st Appellant was a candidate on the platform of the 2nd Appellant. The 2nd Respondent was a candidate at the election on the platform of the 3rd Respondent.

At the end of the election, the 1st Respondent declared the 2nd Respondent winner of the election. Dissatisfied with the general conduct of the election, and the declaration and return of the 2nd Respondent as the winner of the election the appellants filed a petition before the National Assembly and State Houses of Assembly Election Tribunal and Kogi State. The Petition was listed as EPT/KG/SEN/08/2019.

The Appellants' petition was predicated on four (4) clear grounds, to wit:

i. The 2nd Respondent was at the time of the election not qualified to contest the 23rd February…

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