NA BATURE
V.
MAHUTA & ORS

(1992) JELR 45339 (CA)    

Court of Appeal  ·  CA/K/40/EP/92 ·  6 Feb 1992 ·  Nigeria
 · 
Other Citations
Na bature v Mahuta (1992) 9 NWLR (Pt. 263)
CORAM
IBRAHIM KOLAPO SULU-GAMBARI Justice of The Court of Appeal of Nigeria JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria SIMEON ADEBAYO ODUWOLE Justice of The Court of Appeal of Nigeria
Core Terms Beta
election
evidence
polling stations
result of the election
1st respondent
decree no.18
fair election
form ec8a
principle of decree no.18
local government
election result
polling agents
transitional provisions
cross-examination
learned trial judge
position of the law
reason of corrupt practices
entire election
following issues
provisions of the national assembly
submission of the learned counsel
submissions of counsel
substantial non-compliance
above issues
act of the presiding officer
affected presiding officer
allegations of bribery
appellant holds
careful consideration of the evidence
concluding paragraph of the judgment
conduct of an election
correct interpretation of section
disenfranchisement of large numbers of voters
evidence of bribery
evidence of d.w.1
evidence of p.w.1
great struggle
leading judgment
learned attorney-general
mahuta ward returning officer
national assembly election tribunal
official results
platform of the social democratic party
record of the polls
said decree
said forms ec8a
submission of counsel
such election
use of the words
whole of mahuta ward

TOBI, J.C.A. (Delivering the Leading Judgment): The appellant and the 1st respondent contested the election into the House of Representatives in the Funtua Federal Constituency on the 4th of July 1992. While the appellant contested the election under the platform of the Social Democratic Party (S.D.P.), the 1st respondent contested the election under the platform of the National Republican Convention (N.R.C.). By the official results, the appellant scored 11,507 votes while the 1st respondent scored 23,736 votes. The 1st respondent was accordingly declared duly elected by the 4th respondent.

The appellant filed a petition at the National Assembly Election Tribunal, Katsina contesting the election result. He averred in his petition that "the 1st respondent obtained an apparent and colourable majority over the petitioner whereas in truth and in fact your petitioner had a majority of lawful votes of the electors in Funtua Federal Constituency." The appellant also claimed in his petition …

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