(1999) JELR 43821 (CA)    

Court of Appeal  ·  CA/K/EPGT/3/99 ·  23 Mar 1999 ·  Nigeria
Other Citations
Lamido v. Turaki (1999) 4 NWLR (Part 600)
Lamido v. Turaki (1999) 4 NWLR (Pt. 600) 578
RAPHEAL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria
Core Terms Beta
decree no.3
presiding officers
election petition
learned counsel
1st respondent
4th respondents
local government areas
presiding officer
suo motu
3rd march
brother amaizu
election tribunal
ibrahim saminu turaki
inherent powers
necessary parties
returning officer
1st ground of objection
above ruling of the tribunal
abubakar esq
appeal calls
case of ogba v
conduct of a presiding officer
decision of the governorship
election victory of ibrabim saminu turaki
following paragraphs of the petition viz
honourable tribunal lacks jurisdiction
interpretation of section
joinder of necessary parties
joinder of the presiding officers
leading judgment
notice of preliminary objection
party agents
second ground of objection
second issue
secretary of the election tribunal
senior advocate
state government
statement of result of polls
strict interpretation
summary of result of polls
suo motu order
transitional provisions
various polling units

AMAIZU, J.C.A. (Delivering the Leading Judgment): This appeal calls for the interpretation of section 133(2) of Decree No.3 1999, otherwise known as State Government (Basic Constitutional and Transitional Provisions) Decree, 1999.

The appeal is sequel to an election petition filed by Sule Lamido against Ibrahim Saminu Turaki, his opponent, and 3others, contesting the election victory of Ibrabim Saminu Turaki, on the grounds as stated in the petition. For ease of reference Sule Lamido is hereinafter referred to as the appellant, Ibrahim Saminu Turaki as the 1st respondent and other 3 respondents as 2nd to 4th respondents.

The 1st respondent after filing his reply to the petition, put in a notice of preliminary objection to the petition on the grounds namely:

(1) The petition was left with the Director Civil Litigation of the High Court of Justice, Dutse, Jigawa State and presented to the Secretary of the Election Tribunal on 17th February, 1999.

(2) The petition is not properly const…

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