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AMINU & ANOR
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS

(2024) JELR 113164 (SC)

Supreme Court 19 Jan 2024 Nigeria
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- The appellants, dissatisfied with the declaration of the 2nd respondent as winner of the 2023 Kebbi State Governorship election after supplementary polls, petitioned the election tribunal primarily alleging (1) disqualification of the 3rd

Case Details

Suit Number:SC/CV/1228/2023
Judges:KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC UWANI MUSA ABBA AJI, JSC MOHAMMED LAWAL GARBA, JSC IBRAHIM MOHAMMED MUSA SAULAWA, JSC TIJJANI ABUBAKAR, JSC
Counsel:D. D. Dodo, SAN with Michael Kaase Andoakaa, SAN, Ibrahim K. Bawa, SAN, M.S. Ibrahim, SAN, for the Appellant with Pamek Okoh, Esq. Usman Asole, SAN with Rachael C. Nsofor, Esq., Abdul Noah Esq., Joshua E. Usman Esq. and Kalat N. Jalau Esq for the 1st Respondent. Y. C. Makyau, SAN with Ahmed Raji, SAN, Sam Atok, SAN for the 2nd Respondent with O.A. Dada Esq. and Segun Cared. K.K. Eleja, SAN, Wole Agunbiade, SAN, Olusegun O. Jolaawo, SAN for the 3rd Respondent with Lagalo Dan Lagalo, Esq. and Israel Sola Esq. Abdullahi Yahya, SAN for the 4th Respondent with Wale Fapounda, SAN, Andrew Malgwi, SAN, Samuel A. Oguntuyi Esq. and Mahmoud Belgore, Esq.

UWANI MUSA ABBA AJI, JSC (Delivering the Leading Judgement): On 18/3/2023 and 15/4/2023, the 1st Respondent (INEC) conducted the Governorship Election and supplementary election respectively, into the office of the Governor of Kebbi State. In the election, the 1st Appellant was sponsored by the 2nd Appellant, whilst the 2nd Respondent was sponsored by the 4th Respondent. The 3rd Respondent was the running mate of the 2nd Respondent. At the conclusion of the election, the 2nd Respondent was declared the winner, having scored the majority of lawful votes of 409,225 against the Appellants who scored 360,940; with the margin of lead being 48,285.

Dissatisfied with the outcome of the said election, the Appellants filed a joint Petition against the Respondents on the 5/5/2023. At the hearing of the petition, the Appellants called 86 witnesses in proof of their petition. At the close of hearing, the trial Tribunal on 5/10/2023 delivered its Judgment dismissing the Petition for lacking in meri…

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