(1999) JELR 43836 (CA)    

Court of Appeal  ·  CA/K/EPLG/10/99 ·  10 Mar 1999 ·  Nigeria
Other Citations
Bilbis v. Tsafe (1999) 4 NWLR (Part 597)
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
2nd respondents
election petition
ballot papers
preliminary objection
presiding officers
members of the tribunal
necessary parties
particulars of error
local government election tribunal
suo motu
valid votes
6th day of january
advantage of the appellant
briefs of argument
brother amaizu j.c.a.
considered view
criminal offence
due process of the law
end of the election
following issues
following reliefs
gross misconduct
incompetence of the grounds of appeal
issue of jurisdiction
joinder of the presiding officers
leading judgment
local government election tribunal of zamfara state
particular votes
peoples democratic party
peoples party
petition no. zam
polling unit
provision of the federal high court rules
provisions of sections
relevant provisions of decree no.
respect of the affected polling booths
shiyar aiki
total number of ballot papers
unit of yankuzo
use of other ballot papers

AMAIZU, J.C.A.(Delivering the Leading Judgment): The appellant who was the respondent before the Local Government Election Tribunal of Zamfara State, contested the chairmanship election of Tsafe Local Government Council on the 5th of December, 1998, under the platform of PDP (Peoples Democratic Party). His opponent who was the petitioner before the said Local Government Election Tribunal hereinafter referred to as the respondent contested under the platform of APP (All Peoples Party).

At the end of the election the appellant having polled a total of 15, 165 votes against that of the respondent's score of 15,143, was declared the winner and was duly returned. The respondent being dissatisfied with the result filed a petition challenging the result on grounds, among others:-

(i) the appellant was not qualified to stand for the election because while he was employed with the Gamji Bank Nig. Plc, he was held responsible for a gross misconduct that led to the termination of his appointme…

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