MUHAMMED & ANOR.
V.
ADUDA & ORS.

(2009) JELR 38744 (CA)

Court of Appeal · CA/A/EP/303/2008 · 7 Dec 2009 · Nigeria

CORAM

MARY U. PETER-ODILI Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria AYOBODE O. LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

ballot papers

doctrine of severance

2nd respondent

bye-election

election tribunal

cross-examination

mrs. taju

1st respondent

majority of lawful votes

352nd respondents

evidence of pw1

mr. oloriegbe

exhibit 1c

totality of the evidence

trial court

corrupt practices

instant case

opinion of an expert

3rd respondent

allegation of multiple thumbprint

allegation of multiple thumb prints

criminal offences

federal capital territory

law permits

open court

provisions of the electoral act

scientific criteria

1st petitioner hon. nasiru muhammed

2nd respondent chief olusola oke

4th respondent

allegations of multiple thumb print

appellants petition

chief karina tunyan san

contrary expert opinion

court practices

evidence of the pw1

examination of ballot papers

expert witnesses

highest number of lawful votes

leading judgment

learned counsel

military governor of imo state

pleaded figure

provisions of sections

said grounds

sets of respondents

state of the pleadings

v. chief b.a.e. nwauwa

MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly Election Petition Tribunal holden at the Federal Capital Territory, Abuja delivered on 11th day of September 2008 dismissing the Petitioners/Appellants Petition dated and filed on 6/5/08.

The Petitioners' claims as contained at page 32 of the Record are as follows:-

(a) A declaration that the 1st Respondent sponsored by the 2nd Respondent was not duly elected by a majority of lawful votes cast in the bye-election held on the 5th and 6th April, 2008 for the House of Representative for AMAC/Bwari Federal Constituency of the Federal Capital Territory (FCT) Abuja.

(b) An order declaring the 1st Petitioner Hon. Nasiru Muhammed as duly elected in the bye-election held on the 5th and 6th April, 2008 for the House of Representatives in AMAC/Bwari Federal Constituency of the Federal Capital Territory (FCT) Abuja having polled the highest number of lawful votes cast at…

MUHAMMED & ANOR. V. ADUDA & ORS.

MUHAMMED & ANOR.
V.
ADUDA & ORS.