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D.P.P.
V.
I.N.E.C.

(2008) JELR 54503 (CA)

Court of Appeal 3 Jun 2008 Nigeria
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Case Details

Suit Number:CA/J/EP/HA/416/2007
Judges:AHMAD OLAREWAJU BELGORE JCA (Presided) ALFRED P. EYEWUMI AWALA JCA (Read the Lead Judgment) UZO I. NDUKWE-ANYANWU JCA
Counsel:A.S. Abdullahi, Esq. - for the 1st to 3rd Respondents. -*- S.S. Obende Esq. - for the Appellants. -*- Solomon E. Umoh Esq. - for the Respondent.

AWALA JCA (Delivering the Lead Judgment): The 2nd appellant as candidate sponsored by the 1st appellant contested a rescheduled election held on 28 April 2007 instead of it being part of the general election held nationwide on 14 April 2007 for a seat in the Plateau State House of Assembly representing Langtang North Constituency. The rescheduled election was necessitated to accommodate the appellants as the ballot papers provided by the 3rd respondent for the 14 April 2007 election excluded the name and logo of the 1st appellant as required by the Electoral Act, 2006.

The 4th respondent equally contested the rescheduled election of 28

April 2008 on the platform of the Peoples’ Democratic Party (PDP) not joined as a party in this appeal. At the end of the collation of the election results, the 4th respondent was returned elected with a total of 7,308 votes while the 2nd appellant came second with a total of 6,348 votes.

Aggrieved by the election result as declared, the appellants proce…

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