(1999) JELR 43844 (CA)    

Court of Appeal  ·  CA/K/EPSA/1/99 ·  7 Apr 1999 ·  Nigeria
Other Citations
HARUNA v. MAGAJI (1999) 5 NWLR (pt.602)
Haruna v. Magaji (1999) 5 NWLR (Pt. 602) 230
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
decree no.3
name of the occupier
provisions of paragraph
substantial justice
birnin kebbi
brother muntaka-coomassie
election petition
grounds of appeal
kebbi state house of assembly
learned counsel
member of the kebbi state house of assembly
said election
supreme court
unreported decision of this court
2nd respondent
3rd march
above case
alhaji mohammed adamu
clear provisions of a statute
court of appeal
decision of the tribunal
favour of the 1st respondent
fundamental issue
given case
haruna a. haruna
hearing of the appeal
honourable tribunal
important requirements of the relevant decree no.3
independent national electoral commission
leading judgment
legislation houses election tribunal
notice of appeal
peoples democratic party
privilege of reading
proceedings of an election petition
requirement of paragraph
returning officer 2nd respondent
return of the 1st respondent
rules of this court briefs of argument
said petition
single issue
such further orders

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The appellant herein. Haruna A. Haruna, was the petitioner at the Governorship and Legislation Houses Election Tribunal holden at Birnin Kebbi.

The appellant was sponsored by the Peoples Democratic Party (PDP) to contest for election as member representing Jega Constituency in the Kebbi State House of Assembly at the election held nationwide on 9th January. 1999. The opponent or the appellant. Mallam Umaru Magaji, for the same elective position was sponsored by the All Peoples Party (APP).

After the collation and counting at the close of the election, the Independent National Electoral commission (INEC) through the returning officer 2nd respondent returned the 1st respondent herein as duly elected member of the Kebbi State House of Assembly by a majority of 11.7.15 votes. The appellant was credited with the next highest votes of 7,497.

The appellant herein promptly filed an election petition challenging the return of the 1st…

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