VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Leading Judgment): This is the second coming of this appeal to the Court of Appeal of the matter in controversy over the seat of the Chairmanship of the Gaya Local Government in Kano State. The first appeal ended in the affirmation of the decision of the lower court that a Bye Election should be conducted in three polling units at Malmakawa ward of Gaya Local Government. In doing so the Court of Appeal in appeal No. CA/K/EPLG/27/99 set aside the return of the 1st Respondent as the Chairman of Gaya Local Government. Following the decision of the court of Appeal, a bye election was held on 20th March, 1999 and the 1st Respondent was again declared the winner.
The petitioner as at the court below, was dissatisfied with the verdict of the election, he filed a petition before the Local Government. Election Tribunal Kano state challenging the return of the 1st Respondent. The 1st Respondent entered a conditional appearance on 13/4/99 and…