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BELLO
V.
YAKUBU

(2007) JELR 54593 (CA)

Court of Appeal 23 Nov 2007 Nigeria
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- Appellants challenged the return of the 1st respondent as winner of the Akko North State Constituency election, alleging non-compliance with the Electoral Act, corrupt practices, and requesting the nullification of the election. - Respond

Case Details

Suit Number:CA/J/EP/HA/248/2007
Judges:ZAINAB ADAMU BULKACHUWA JCA (Presided) ALFRED P. EYEWUMI AWALA JCA UZO NDUKWE-ANYANWU JCA ( Read the Lead Judgment)
Counsel:Caleb Ubale Esq. - for theAppellant. -*- I.M.Attahir Esq. - for the 3rd - 9th Respondents. -*- I.A.O. Fansho - for the 1st Respondent, equally holding the brief -*- of Abudullahi Duro Esq. - for the 2nd Respondent.

NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): Theappellants were the petitioners in the Gombe State Governorship and Legislative Houses Election Petition Tribunal. The appellants petitioned against the return of the 1st respondent who was returned as the winner of theAkko North State constituency.

The petitioners sought for the following reliefs in their petition:

(1) A declaration that the 3rd - 9th respondents did not comply with the provisions of the Electoral Act.

A declaration that the entire election was invalid by reason of corrupt practices and non-compliance with the Electoral Act.

An order of the Honourable Tribunal nullifying the purported aforesaid elections and order for fresh election with petitioner participating. Upon service of the petition on the respondents, they all filed their unconditional memoranda of appearance. They all later filed their replies to the petition. A At the pre-hearing session, all the respondents except the 2nd respondent indicated their inte…

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