MOHAMMED ASHIRU ISA & PEOPLES DEMOCRATIC PARTY
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION & 2 ORS.

(2024) JELR 111540 (SC)

Supreme Court 19 Jan 2024 Nigeria
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- The appeal arose from the dismissal of the Appellants’ petition challenging the return of the 2nd Respondent as Governor of Kaduna State following the 18 March 2023 gubernatorial election, on grounds of procedural non-compliance at both t

Case Details

Suit Number:SC/CV/1240/2023
Judges:KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC UWANI MUSA ABBA AJI, JSC MOHAMMED LAWAL GARBA, JSC I.M.M. SAULAWA, JSC TIJJANI ABUBAKAR, JSC
Counsel:KENNETH E. MOZIA, SAN, AHMED RAJI, SAN, AGBOLA OLANIYI ADELEKE SAN, SAMUEL ATUNG, SAN and K.J. ARUNG ESQ. for the Appellants; ABDULLAHI M. ALIYU, SAN, T.M. INUWA, SAN, ALHASSAN UMAR, SAN, PROF. NASIRU A. ALIYU, SAN and EMMANUEL A. OSAYOMI ESQ. For the 1st Respondent; CHIEF BAYO OJO, SAN, CHIEF DURO ADEYELE, SAN, SUNUSI MUSA, SAN, M.J. NUMA, SAN and THEOPHILUS OKWUTE ESQ. for the 2nd Respondent; MOHAMMED SANI KATU, SAN, OLADIPO TOLANI, SAN, OLUWALE ALADEDOYE, SAN, KABIR MOMOH ESQ. and ALIYU ALHASSAN ESQ. for the 3rd Respondent.

TIJJANI ABUBAKAR JSC (DELIVERING THE LEADING JUDGEMENT): This is an appeal against the Judgment of the Court of Appeal Kaduna Division sitting  in Abuja appeal No: CA/K/EP/GOV/KD/39/2023 delivered on the  11 day of November 2023 dismissing the Appellants appeal and allowing the Respondents cross appeal challenging part of the majority decision of the Tribunal ordering supplementary elections in 22 Polling Units where elections were held to be inconclusive by the trial Tribunal.

Just by way of summary of facts giving rise to this appeal, Governorship elections were conducted in Kaduna State on the 18th day of March 2023. The 1st Respondent declared the 2nd Respondent as duly elected having scored a majority of votes and satisfied the requirements of the law. The Appellants became aggrieved by the declaration and return of the 2nd Respondent as the elected Governor of Kaduna State, Appellants therefore initiated a petition at the Kaduna State Governorship Election Tribunal seeking s…

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