BAWA
V.
BALARABE & ORS

(1999) JELR 43845 (CA)    

Court of Appeal  ·  CA/K/EPSA/2/99 ·  7 Apr 1999 ·  Nigeria
 · 
Other Citations
BAWA v. BALARABE [1999] 6 NWLR (Pt.605)
Bawa v. Balarabe (1999) 6 NWLR (Pt. 605) 61
CORAM
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd respondents
record
votes
valid votes
1st respondent
lower tribunal
trial tribunal
ballot papers
1st petitioner
corrupt practices
fair hearing
ballot boxes
issue no.
issues
majority of valid votes
relevant documents
learned counsel
polling stations
6th respondent
member of kaduna state house of assembly
overall score
3rd-4th respondents
5th respondent
5th respondents
decision of the trial tribunal
denial of fair hearing
end of the election
exhibits j
findings of fact of the lower tribunal
first petitioner
following issues
hearing of this petition
janet romaine
j.c.a
kaduna state house of assembly
leading judgment
leave of the lower tribunal
much ado
notice of appeal
peoples party
platform of the peoples democratic party
poll officials
proceedings of the 3rd march
request of the learned counsel
ruling of the trial tribunal
said counsel
scores of parties
view of this ruling

ROWLAND, J.C.A, (Delivering the Leading Judgment): The first petitioner at the trial tribunal - Lawal Balarabe - contested for the Zaria City Constituency seat. for the Kaduna State House of Assembly, on the platform of the Peoples Democratic Party (PDP), on the 9th day of January, 1999. His opponent was the 1st respondent, Mustapha Bawa, of the All Peoples Party (APP). At the end of the election, the 6th respondent (INEC) through the 5th respondent (returning officer, Zaria Local Government) returned the 1st respondent as duly elected with 11.452 votes, as against the 1st petitioner's 11,268 votes.

1st petitioner was dissatisfied with this result and it was for this reason that he filed his petition before the lower tribunal on two main grounds:-

(1) What the election conducted on 9/1/99 by the 6th respondent through the 3rd. 4th and 5th respondents, at Kaura Ward and Anguwan Fatika Ward in Zaria City Constituency is voided by corrupt practices/undue influence ..."

(2) "That the 1st …

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