(2021) JELR 108922 (CA)    
Court of Appeal  ·  CA/ABJ/EPT/643/2021 ·  9 Sep 2021 ·  Nigeria
Ibrahim Shata Bdliya Justice of the Court of Appeal Joseph Eyo Ekanem Justice of the Court of Appeal Ademola Samuel Bola Justice of the Court of Appeal

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): On the 6/2/2021, the 3rd respondent (the Independent National Electoral Commission) organised and conducted a bye-election into the office of member of House of Representatives for Magama/Rijau Federal Constituency of Niger State. Three parties sponsored candidates for the election. The 1st appellant was sponsored by the 2nd appellant while the 1st respondent was sponsored by the 2nd respondent. The ADC sponsored the third candidate for the election.

At the end of the election, the 3rd respondent declared and returned the 1st respondent as the winner of the election having scored a total of 22,965 votes while the 1st appellant was the runner-up with a total of 22,507 votes.

Aggrieved by the result of the election, the appellants (as petitioners) filed a petition against the return at the National and State Houses of Assembly Election Tribunal sitting in Minna, Niger State (the Tribunal) on 26/6/2021. The sole ground for the pe…

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