ISMAILA
V.
ADAMU

(2008) JELR 57675 (CA)    

Court of Appeal  ·  CA/K/EP/SHA/75/07 ·  27 Jun 2008 ·  Nigeria
CORAM
AMINA A. AUGIE JCA (Presided and Read the Lead Judgment) JOHN INYANG OKORO JCA MASSOUD ABDULRAHMAN OREDOLA JCA
Core Terms Beta
tribunal
1st respondent
appellant
case
court
electoral act
grounds
exhibit d2
issues
political party
8th respondents
cross-examination
appellate court
lead judgment
paragraph 6c
petition no. ss
3rd respondent
exhibit d1
grounds of objection fails
honourable tribunal
process of full trial
1st respondent’s letter
all nigeria peoples’ party
appellant’s complaint lacks merit
appellant’s issues
apreliminary objection
briefs of arguments
candidature of a candidate
decision of the nationalassembly
declaration of the 1st respondent
documentary evidence
exhibits p1
first issue
ground of objection
house of assembly elections
illela constituency of sokoto state
independent national electoral commission
issue no.1
legislative houses election petition tribunal
membership card of the 1st respondent
order dismissing
p1a
paragraph 6d-j of the petition
provisions of section
provisionsof section
sokoto state house of assembly elections
supreme court
volte face amounts
weight of the evidence
winner of the said election

AUGIE JCA (Delivering the Lead Judgment): The Sokoto State House of Assembly elections took place on 14 April 2007, and this is an appeal against the decision of the NationalAssembly, Governorship and Legislative Houses Election Petition Tribunal (hereinafter referred to as the tribunal), to affirm the declaration of the 1st respondent, who had decamped from the All Nigeria Peoples’ Party (ANPP) to the PDP, as winner of the said election, representing Illela Constituency of Sokoto State. Dissatisfied with the outcome of the election, the appellant, who was the candidate of the Democratic Peoples’ Party (DPP) for the same seat, filed a petition at the tribunal wherein he prayed that it may be determined:

That the 1st respondent was not qualified to have contested the April 14 House of Assembly Elections for Illela

Constituency and the petitioner be declared as the winner having polled the majority of the lawful votes cast at the said election.

That the 1st respondent was not duly electe…

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