(2008) JELR 49468 (CA)    

Court of Appeal  ·  CA/K/EP/NA/36/07 ·  15 Jul 2008 ·  Nigeria
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
2nd respondents
electoral act
4th respondents
exhibit p5
notice of preliminary objection
grounds of appeal
kebbi state
notice of appeal
documentary evidence
evidence of double nomination of 1st respondent
exhibits p1-p4
leading judgment
provisions of section
rejected exhibits
said election
trial conference
view of the facts
banner of the pdp
briefs of arguments
candidate of the 2nd respondent
candidate of the all nigeria peoples party
court of appeal rules
evidential value of a document
exhibit r1
exhibits p5
first letter
flag of the 2nd respondent
following comment of the tribunal
following processes
interested party
invalid withdrawal of the 1st respondent
kebbi state national assembly
legal adviser of the 2nd appellant
legislative houses election petition tribunal
merger agreement
national chairman pdp
national secretary
nitel ltd. v. jattau
number of documents
oral evidence
pdp letter of substitution
provisions of electoral act
rejected exhibit
v. akparabong community bank ltd.
winner of the said election

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): Election into the House of Representatives took place on the 21st of April, 2007 in Kebbi State, and the 1st Respondent, who had been the candidate of the All Nigeria Peoples Party [ANPP] before he decamped and contested the election under the banner of the PDP, was declared as the duly elected Representative for Arewa/Dandi Federal Constituency. Dissatisfied, the Appellants filed a petition at the Kebbi State National Assembly, Governorship and Legislative Houses Election Petition Tribunal (hereinafter referred to as the Tribunal), where they prayed that it may be determined

i) That Ibrahim Bawa who was returned by the 3rd - 4th Respondents as the Hon. Member elect for the Arewa/Dandi Federal Constituency at the election held on 21st April, 2001 was not duly elected and his election is therefore void.

ii) That the 1st Respondent was not qualified to contest the election ... under the flag of the 2nd Respondent or at all.


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