(1999) JELR 43835 (CA)    

Court of Appeal  ·  CA/K/BEPLG/1/99 ·  28 May 1999 ·  Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
sub paragraph
1st respondent
bye election
election petition
local government
lower court
form tf002
court of appeal
kano state
leading judgment
return of the 1st respondent
1st respondents motion
above issues
address of the 4th defendant
affirmation of the decision of the lower court
appeal no. ca
appellants brief of argument
appellants petition
court of appeal of the matter
decision of the court of appeal
decree no.
election tribunal kano state
first appeal
first issue
following grounds
foot of the petition
isa shehu of the alliance
local government election
name of parties
name of the occupier of the address
order of the lower tribunal
previous decision
provision of a general heading
provision of that sub paragraph
provisions of paragraph
requirements of decree no
rules of this court
ruling of the lower court
said schedule
scores of the 3rd contestant
second coming of this appeal
second issue
transitional provisions
verdict of the election
victor aimepomo oyeleye omage

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…

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