TUR JCA (Delivering the Lead Judgment): The Independent National Electoral Commission (INEC) conducted election into the House of Representatives Katsina Central Federal Constituency on Saturday, 21 April 2007. Alhaji Badamasi Kabir (1st appellant) contested on the platform of the Peoples Democratic Party (2nd appellant) while Musa Damale Kaita (1st respondent but now deceased) did so on the platform of the Action Congress (2nd respondent). Other candidates were also sponsored by other political parties. They are not parties in this appeal, hence I shall not concern myself with their scores. At the end of voting, the Independent National Electoral Commission’s Officials on the same day declared Alhaji BadamasiKabir of the Peoples Democratic Party as having polled 84,076 votes while late Musa Damale Kaita (deceased) of the Action Congress was credited with 3,916 votes and Yusuf Sule of the All Nigerian Peoples Party polled 16,351 votes.
On Monday, 21 May 2007, late Musa Damale and the…