(1998) JELR 45706 (CA)    

Court of Appeal  ·  CA/K/EPLG/10/98 ·  23 Apr 1998 ·  Nigeria
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
local government area
decision of the appeal tribunal
highest votes
2nd issue
action of necon
appeal tribunal
atinuke omobonike ige
banner of the national centre party of nigeria
brother tanko muhammad jca
chairman elect of the local government
change of mind
cogent reason
collation of results
collation of results none
election of the respondent
election tribunal
election tribunal decision
final result
golden rule
hon. attorney general of the federation
ibrahim tanko muhammad
james o. ogebe
kano state election appeal tribunal
kano state election tribunal
leading judgment
local government
local government election
national electoral commission of nigeria
notification letter no.necon
opponent of the democratic party of nigeria
privilege of reading
provisions of section
sale shehu kuidawa
tofa local government council
vol.11.939 of march 16th

IBRAHIM TANKO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): Ahmed Tambaya Dawanau the petitioner herein contested the Local Government Election under the banner of the National Centre Party of Nigeria (NCPN) along with Sale Shehu Kuidawa, the respondent and his opponent of the Democratic Party of Nigeria (DPN). After collation of results none of the two contestants for the Chairmanship of Dawakin Tafa Local Government Council could secure of the votes cast in each of at least 2/3 of the wards in the local Government Area. As a result, the National Electoral Commission of Nigeria (NECON) declared a run-off. Before the run-off could be held, (NECON) later presented the respondent to the Government as the Chairman of D/Tofa Local Government Area and he was accordingly sworn in.

Aggrieved by the action of NECON, the petitioner filed his petition before the Kano state Election Tribunal. After hearing the parties, the Election Tribunal delivered its decision which favoured the petitio…

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