(2008) JELR 49459 (CA)    

Court of Appeal  ·  CA/K/185/2007 ·  17 Jul 2008 ·  Nigeria
BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd respondent
political party
4th respondent
verifiable reason
electoral act
verifiable reasons
2nd respondents
grounds of appeal
12th february
better affidavit
lower court
supreme court
affidavit evidence
cogent reason
trial court
exhibit h1
learned trial judge
said hanafi
10-paragraph counter-affidavit
1st respondent
2nd defendant
briefs of arguments
critical look
determination of the following questions
end of the day
exhibit h5
fact of agreement
federal high court
given period
inec kaduna state
issue no.
kaduna state house of assembly
kaduna state secretariat of the 3rd defendant
kashadadi v. noma
law firm of falalu bello
leading judgment
ltd. v. e.a.s ltd.
national headquarters of the 3rd defendant
notice of appeal
oshatoba v. olujitan
own file copy
provision of section
reply brief
resident electoral commissioner
said primaries

AMINA ADAMU AUGIE, J.C.A.: (Delivering the leading Judgment): The Appellant, a member of the ANPP (the 3rd Respondent), contested and won the party's primaries as its candidate for the Kaduna State House of Assembly, Ungwan Sanusi, Sabon Gari Constituency, however, by a letter dated 12th February 2007, the party wrote INEC applying to substitute him for the 4th Respondent as its candidate at the election due to be conducted in April 2007. The letter in question is addressed to the Resident Electoral Commissioner, INEC Kaduna State, and it reads -

"With due respect, I write to inform you that the party had sat along with her candidates for various offices in the State and agreed that following candidates are to be substituted accordingly. These are with their full knowledge and consent they are - (Nine names, listed) S/N Present name Substitution Name Constituency

(8) Engr. Hanafi Aminu Muhammad Hon. Nasir Abdullahi Ugwan Sanusi Sir, these are our changes, which is without any ill feel…

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