(1998) JELR 45703 (CA)    

Court of Appeal  ·  CA/K/EPLG/6/98 ·  21 Apr 1998 ·  Nigeria
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
Core Terms Beta
1st respondent
election tribunal
appeal tribunal
local government
15th day of march
2nd respondent
basic constitutional
brother tanko muhammad jca
local government area
preview of the decision
public officer
1st appellant
3rd respondent
ahmadu bello university
atinuke omobonike ige
chairman giwa local government council
civil servant
complete agreement
corrupt practices
decision of the election tribunal
declaration of the 2nd respondent
decree no.2
exhibit pia
following grounds
hon. attorney general
honourable attorney general of the federation
ibrahim tanko muhammad
james o. ogebe
judgment of the election tribunal
kaduna state
kaduna state election appeal tribunal
kaduna state local government election tribunal
learned justices of the appeal tribunal
learned s.a.n.
local government area of kaduna state
months notice
oral evidence
provision of section
public service
public service of the ahmadu bello university
relevant provisions of the local government
resignation of appointment
sale administrator of ahmadu bello university
staff of ahmadu bello university
submission of the hon. attorney general
time of the election

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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