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ALLU & ANOR
V.
GYUNKA & ORS

(2015) JELR 40359 (CA)

Court of Appeal 26 Oct 2015 Nigeria
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Suit Number:CA/MK/EP/SEN/14/2015
Judges:MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria PETER OLABISI IGE Justice of The Court of Appeal of Nigeria
Counsel:DR. M. E. EDIRU with him, JOHN OVYE, Esq. and S. N. YUSUF For Appellant J. S. OKUTEPA (SAN) with him, JOHN MATTHEW Esq., MRS. A. C. UCHIN, EDE UKO Esq., D. M. TSEVENDE Esq., S. U. AKOH Esq., N. I. ANIEKWE Esq., OJONIMI S. APEH Esq., MRS. D. C. OLANREWAJU, MISS. J. E. ADAH and S. T. AKOHOL Esq. for 1st RespondentI. M. DIKKO Esq., with him, D. N. MESHI Esq. and I. I. ASEKI Esq. for 3rd Respondent For Respondent

PETER OLABISI IGE, J.C.A. (DELIVERING LEADING JUDGMENT): This appeal is an offshoot of the final Judgment of the NATIONAL AND STATE HOUSES OF ASSEMBLY ELECTION PETITION TRIBUNAL, HOLDEN AT LAFIA, NASARAWA STATE. Coram Hon. Justice Peter C. Obiorah (Chairman), Hon. Kadi Nurrudeen A. Mashi and Hon. Justice Naheem O. Durujaye, delivered on the 3rd day of September, 2015 in Petition No. EPT/NS/SEN/2/2015: Hon. Samuel E. Allu and Anor. V. Hon. Philip Aruna Gyunka and Ors, dismissing the said Petition. CA/MK/EP/SEN/14/2015.

The Appellants who were the Petitioners at the Lower Tribunal had approached the said trial Tribunal wherein they prayed for the following reliefs namely:

1. A declaration that the 1st and 2nd Respondents did not score the majority of Lawful votes cast in the Election of 28th March, 2015 for the office of the Senate in the Nasarawa North Senatorial District and therefore were not lawfully and validly returned as the winners of the said Election.

2. A declaration that the El…

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