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MOHAMMED & ANOR
V.
IBRAHIM & ORS

(1998) JELR 45703 (CA)

Court of Appeal 21 Apr 1998 Nigeria
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Suit Number:CA/K/EPLG/6/98
Judges:JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Counsel:Godwin A. Allay Esq. For Appellant Mr. J. B. Daudu (S.A.N) For Respondent

IBRAHIM TANKO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): At the Kaduna State Local Government Election Tribunal the petitioners filed a petition against the respondents. The endorsement on the petition reads as follows:

"The petitioners question the declaration of the 2nd respondent by the 3rd respondent as the winner of the GIWA Local Government Council Chairmanship election on the following grounds:-

A. The 1st respondent was at the time of the election not qualified to be elected as chairman Giwa Local Government Council as he did not lawfully resign his appointment from office as Civil Servant/public Officer against the relevant provisions of the Local Government (Basic Constitutional and Transitional provisions) Decree, 1997 and other relevant laws.

B. The election at Giwa Local Government Area was avoided by corrupt practices, malpractices and irregularities against the Local Government (Basic constitutional and Transitional provisions) Decree, 1997.

C. The 2nd Respond…

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