JIKAMSHI
V.
MATAZU

(2004) JELR 57632 (CA)    

Court of Appeal  ·  CA/K/EP/NA/25/03 ·  26 Mar 2004 ·  Nigeria
CORAM
DALHATU ADAMU, JCA (Presided) BABA ALKALI BA'ABA, JCA (Read the Lead Judgment) STANLEY SHENKO ALAGOA, JCA
Core Terms Beta
grounds of appeal
particulars
court
ground of appeal
ground
2nd respondents
senior counsel
6th respondents
petitioners
1st respondent
majority of lawful votes
court of appeal rules
preliminary objection
appellants’ joint reply brief
ballot boxes
first schedule
lead judgment
musa ibrahim
support of ground
1st petitioner
following passage
grounds of objection
grounds of the petition
joinder of necessary parties
mandatory provisions of the electoral act
presiding officers
said ground
surgical operation
1st appellant
3rd respondent
appellate court
behalf of each set of respondents
briefs of argument
court of appeal
dismissal of the petition
election petition
established principle of law
ground of return
honourable tribunal of jurisdiction
issues nos
legal errors
legislative houses election tribunal
national assembly
polling units of gwarjo ward
preliminary issue
respect of the incompetent grounds of appeal
return of the 1st respondent
ruling of the tribunal
separate notice of intention

BA'ABA, JCA (Delivering the Lead Judgment): In the National Assembly/Governorship and Legislative Houses Election Tribunal, sitting in Katsina State of Nigeria, the appellants brought an election petition on account that the election and return of the 1st respondent be declared null and void as the 1st respondent was not validly elected by the majority of lawful votes as well as an order that the 1st appellant be declared validly elected having polled the highest number of votes cast at the election.

The petition was duly served on all the respondents who accordingly entered their respective appearances. Counsel to both 1st and 2nd as well as counsel for 3rd - 6th respondents put in separate notice of intention to rely on a preliminary objection on behalf of each set of respondents. Each of the notice of intention, on preliminary objection sought for the striking out/dismissal of the petition. It is apt to recite the prayers of the respective respondents in this judgment.

On behalf of…

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