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BALEWA
V.
MUAZU & ORS

(1999) JELR 43643 (CA)

Court of Appeal 21 Apr 1999 Nigeria
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- The applicant, a candidate in the 1999 Bauchi State Governorship Election, sought orders clarifying whether he should be returned as Governor-elect following the nullification of the election of the 1st and 2nd respondents (Governor and D

Case Details

Suit Number:CA/A/28M/99
Judges:UMARU ABDULLAHI JCA RAPHAEL OLUFEMI ROWLAND JCA MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA ALBERT GBADEBO ODUYEMI JCA MUHAMMED DATTIJO MUHAMMAD JCA
Counsel:M.M. Nuruddeen (with him, Y. Maikasuwa, Roseline Tasha, M. Abdul-Hamid) For the Appellant; Chief A.T. Ajala, SAN (with him. K. Olatunji and G.M. Kultu)K.N. Hamidu, Director of Legal Drafting, (with him. N.D. Para, Director of Research, Ministry of Justice, Bauchi State) For the Respondent.
Other Citations:BALEWA v. MUAZU [1999] 7 NWLR (Pt.609)124, (1999) 5 NWLR (Pt. 604) 620, (1999) JELR 76458 (CA)


ABDULLAHI, P.C.A. (Delivering the Lead Ruling): The applicant filed this application today seeking for the following orders:-

1. An order to clarify or direct whether the applicant is not entitled to be returned as Governor elect of Bauchi State, the election of the 1st and 2nd respondents having been nullified as per the judgment of this honourable court delivered on 20/3/99.

2. A consequential order nullifying the Bye Election conducted on the 10th April. 1999.

3. And for such further order(s) as this honourable court may deem fit to make in the circumstances.

The application is supported with a 10 paragraphs affidavit. I shall refer to the paragraphs where necessary.

Both learned counsel for 1st and 2nd respondents, Chief A.T. Ajala (SAN), and for the 3rd, 4th and 5th respondents, K.N. Hamidu filed notices of preliminary objections.

We agreed that the notices of the preliminary objections will be taken and ruled on along with the motion on their merit.

On the notice of the prelim…

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