(1999) JELR 43883 (CA)    

Court of Appeal  ·  CA/K/EPLG/23/99 ·  12 Mar 1999 ·  Nigeria
Other Citations
Maska v. Ibrahim (1999) 4 NWLR (Part 599)
Maska v. Ibrahim (1999) 4 NWLR (Pt. 599) 415
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd respondent
shehu umar maska
election petition
brief of argument
grounds of appeal
4th respondent
considered opinion
decree no.
political party
1st-3rd respondents
2nd appellant
3rd respondent
inter alia
political parties
ambit of statutory provisions
brother onnoghen
challenging qualification of a candidate
competent party
issue no.
main issues
mere inelegant couching of a prayer
preponderance of evidence
vice chairman
1st ground of appeal
appellant israel a. usman esq
civil case
conduct of an electoral officer
determination of the court
findings of the tribunal
following persons
leading judgment
learned counsel
mr. joe dappa
only ground of the petition
personal service
presiding officer
running mate
said election
vice chairman of 1st respondent
wrong court

ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Local Government Council Election Petition Tribunal of Katsina State holden at Katsina delivered on 15th February. 1999 in which it held, inter alia that the 2nd appellant as well as the 3rd respondent have no locus standi in the election petition; that the 2nd respondent has been proved to be an ex-convict but that the petitioners have not established a link between 2nd respondent and Shehu Umar Maska, the Vice Chairman of 1st respondent; that there is no prayer that the election be nullified so the tribunal cannot give to a party that which he has not asked for and that the only ground of the petition cannot be entertained by the tribunal.

It is against this decision that the appellants have appealed to this court on 5 grounds filed on 22nd February. 1999. The appellant abandoned the 1st ground of appeal in his brief of argument and is accordingly struck out. Out of the surviving 4 grou…

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