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NECON
V.
DPN & ORS.

(1998) JELR 45705 (CA)

Court of Appeal 23 Apr 1998 Nigeria
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Case Details

Suit Number:CA/K/EPLG/9/98
Judges:UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria
Counsel:For Appellant For Respondent

ATINUKE OMOBONIKE IGE, J.C.A (Delivering the Leading Judgment): When elections were held in March 15th 1997 Nuhu Dogo Makama contested on the platform of the DPN for the post of the Chairman of Chikun Local Govt Area of Kaduna state.

At the end of the election Nuhu Dogo Makama was declared the winner with majority vote of 20,716 over the next candidate who scored 17,680 under the platform of the UNCP.

On 24th of March 1997 when all the duly elected Chairman were to be sworn into office, Nuhu Dogo Makama was not sworn in by the Kaduna state Military Administrator on the ground that the election was annulled due to a boundary adjustment which affected the former Gwagwada Local Govt Area. With the Chairman elect not being sworn in, all his 15 councillors were also not sworn in. Nuhu Dogo Makama and his party the DPN became aggrieved by this refusal of the MILAD to swear in the Chairman elect, and they eventually took out a Petition before the Election Tribunal. In the Petition the Petit…

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