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Kingibe vs. Maina

(2003) JELR 58088 (CA)

Court of Appeal 10 Nov 2003 Nigeria
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- The case involves an election petition filed by the appellant against the 1st respondent, who was declared the winner of the election. - The appellant sought various reliefs, including being declared the duly elected candidate or a fresh

Case Details

Suit Number:CA/A/EP/131/2003
Judges:GEORGE ADESOLA OGUNTADE, JCA ZAINAB ADAMU BULKACHUWA, JCA ALBERT GBADEBO ODUYEMI, JCA
Counsel:Dr. A.A. Izinyon, SAN (with him, O. Gbadeyan, Esq., C. S. Ekeocha, Esq., and A. Binjin) - for the Appellant. R. O. Yusuf, Esq. (with him H. C. Chukwudi and S. O. Emehieze) -for the 1st Respondent . A. O. Okeaya- Inneh, Esq. (with him, D. O. Abanum, Esq.) - for the 2nd - 43rd Respondents.
Location:Abuja

BULKACHUWA, JCA (Delivering the Leading Judgment): The appellant was the petitioner before the Abuja National Assembly Election Tribunal whereby she instituted an action (petition) against the 43 respondents and prays for the following reliefs;

That the 1st respondent was not duly returned as having the majority of lawful votes in the said election and your petitioner be returned as the duly elected candidate, having polled a lawful majority of votes cast after deducting the lawful votes as shown in paragraph 9 of this petition.

IN THE ALTERNATIVE:

(i) The 1st respondent is not qualified to contest the said election as he is a person indicted by an Administrative Panel for fraud and or embezzlement as shown on paragraph 7 in the petition and the petitioner returned as the next person with the highest votes cast in the said election.

(ii) Your petitioner prays that the election and votes returned in the aforementioned polling stations be nullified and a fresh election/bye-election conduc…

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