ALI
V.
UMARU & ORS

(1999) JELR 43881 (CA)    

Court of Appeal  ·  CA/K/EPLG/20/99 ·  10 Mar 1999 ·  Nigeria
CORAM
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
votes
petitioner
rimi ward
issue
1st respondent
tribunal
contents of exhibit b
court
decree no
form ec8a
ground of appeal
lower court
piece of paper
section
1st respondent mohammed ali
2nd pw
addition of the respondent votes
authentic result of votes
chairman vote
conclusion of the election
correct position
ec8a.
evidence
exhibit a.
exhibit a. whereas pw2
exhibit b
face of clear contradictory evidence
form ec8
leading judgment
local government
local government area
local government election
local government election tribunal
maker
maker of the document
overall votes scores
petition of ali umaru
pw2
r.d. muhammad
rebuttable presumption
returning officer
said election
scores
scores of the petitioner
statutory document
true votes
valid votes
variation of a written document
victor aimepomo oyeleye omage
votes of candidates

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A.(Delivering the Leading Judgment): In its judgment delivered on the 3rd day of February, 1999 the Local Government Election Tribunal sitting in Katsina, Katsina State granted the prayer in the petition of Ali Umaru, and declared him duly elected, or returned as councillor in the Rimi Ward in the Rimi Local Government Area. The petitioner had complained that the votes returned at the conclusion of the election did not represent the true votes cast at the said election in the Ward on 5th December, 1998. At the end of the election the 1st Respondent Mohammed Ali was duly elected councillor for Rimi ward; with 1,106.

It is settled rule in this court that the issue for determination must derive from the ground of appeal, issue No 3 herein does not derive from the ground of appeal filed by the appellant. An issue formulated for determination which does not derive from file ground of appeal go to no issue, Okpala v. Ibeme 1989 2 NWLR (pt. 102) at 122 Nnae…

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