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BIYU & ANOR
V.
IBRAHIM & ORS

(2005) JELR 45281 (CA)

Court of Appeal 5 May 2005 Nigeria
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- The case involves an election petition filed by candidates of the All Nigeria Peoples Party (ANPP) challenging the election of a candidate of the Peoples Democratic Party (PDP). - The initial petition was struck out for failure to join ne

Case Details

Suit Number:CA/J/146/2004
Judges:ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Counsel:A. J. Akanmode, Esq.;Yakubu Ahmadu, Esq. For Appellant Y. N. Akirikwen, Esq.H. M. Liman, Esq.;C. K. Okoli Mrs.]) For Respondent
Other Citations:Biyu v. Ibrahim (2006) 8 NWLR (Part 981) 1

NZEAKO, J.C.A. (Delivering the Leading Judgment): The 1st appellant was a candidate of the 2nd appellant, the All Nigeria Peoples Party (ANPP) at a senatorial election which took place for the Taraba State Central senatorial seat on 12th April, 2003. The 1st respondent also contested the election on the platform of the Peoples Democratic Party, (PDP) and was declared elected. The appellants, on 15th May, 2003 filed a petition at the Election Tribunal. This was struck out in limine on the ground of failure to join necessary parties. On appeal, the Court of Appeal set aside the Tribunal's decision striking out the petition. It ordered the petition to be remitted for hearing on its merit by another Tribunal.

The new Tribunal heard the petition and on 28/5/2004, dismissed it. Aggrieved, the petitioners/appellants have appealed to this court again.

Parties to this appeal as required by the Rules of court, have filed and exchanged briefs of argument.

The appellants' brief filed out of ti…

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