(2004) JELR 45102 (CA)    

Court of Appeal  ·  CA/K/NA/EPT/18/03 ·  15 Mar 2004 ·  Nigeria
Other Citations
Nasiru v. Bindawa (2006) 1 NWLR (Pt.961)355
Nasiru v. Bindawa (2006) 1 NWLR (Pt. 961) 355
DALHATU ADAMU Justice of The Court of Appeal of Nigeria BABA ALKALI BA’ ABA Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
grounds of appeal
preliminary objection
ground of appeal
electoral act
cause of action
court of appeal rules
leading judgment
particulars of error
8th respondents
bindawa federal constituency of katsina state
issue no.3
actual votes
authentication of the said motion
case of manir yakubu v
chief wole olanipekun
complaint of the 1st respondent
conclusion of the election
entire brief
facts of determination of lawful votes
first respondent
following issues
form ec8e.
grounds of objection
imprimatur of an unknown person
incompetent grounds
issue c
issue of scores of candidates
judicial decision
learned counsel
learned tribunal
legislative houses election tribunal
notice of preliminary objection of the 1st respondent
official scores of the electoral body
own evidence
platforms of the people democratic party
preparation of briefs of arguments
provisions of the electoral act
return of the 1st respondent
ruling of the tribunal
said motions
trite principle of law
view of the motion
virtue of paragraph

UMOREN, J.C.A. (Delivering the Leading Judgment): The appellant and the respondents contested for the legislative seat of the Mani/Bindawa Federal Constituency of Katsina State, on 12th April, 2003. They contested on the platforms of the People Democratic Party (P.D.P.) and the All Nigeria Peoples Party (ANPP) respectively.

At the conclusion of the election, the 1st respondent was declared the winner and returned as duly elected.

The appellant was not satisfied with the results declared. He proceeded to the Governorship and Legislative Houses Election Tribunal, Katsina, and on the 14th May, 2003, filed a petition challenging the return of the 1st respondent as the winner of the election of 12th April, 2003, into the House of Representatives of the National Assembly for the Mani/Bindawa Federal Constituency of Katsina State.

The 1st respondent, on being served with the petition, entered a conditional appearance and later filed his reply incorporating 10 grounds of objection and a moti…

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