(1998) JELR 45325 (CA)    

Court of Appeal  ·  CA/K/EPLG/22/98 ·  29 Apr 1998 ·  Nigeria
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd respondents
trial tribunal
appeal tribunal
fresh election
1st petitioner
3rd respondents
clear evidence
decision of the appeal tribunal
decision of the lower tribunal
local government
1st respondent
benefit of reading
brother ogebe jca
chairman of sabon-gari
chairman of the local government
chairmanship of sabon-gari
chief a. t. ajala
chief e.t. green
critical issue
election appeal tribunal of kaduna state
election of the 1st respondent
end of the election
fresh election
i. t. muhammad
james ogenyi ogebe
leading judgment
learned attorney-general
learned attorney-general of the federation
local government election
local government of kaduna state
main relief
order of the lower tribunal
records of this case
review of the judgment of the appeal tribunal
senior advocate
serious thought
umaru abdullahi
vice chairman
virtue of section

JAMES OGENYI OGEBE, J.C.A.(Delivering the Leading Judgment): The 1st petitioner contested the 15th March 1997 Local Government election for the chairmanship of Sabon-Gari Local Government of Kaduna State. At the end of the election the 1st respondent was declared duly elected as the chairman of the Local Government with 19,223 votes. Dissatisfied will the outcome, the petitioner filed a petition before the Local Government Election Tribunal of Kadune State challenging the election of the 1st respondent on the ground that his running mate was not qualified to contest for failure to pay taxes as and when due, among other allegations. He prayed finally that the 1st and 2nd respondents be declared not duly elected and a fresh election conducted. The Tribunal nullified the election of the 1st and 2nd respondents and returned the 1st petitioner as duly elected.

Dissatisfied with that decision the respondents appealed to the Election Appeal Tribunal of Kaduna State. The Appeal Tribunal allo…

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