NECON
V.
DPN & ORS.

(1998) JELR 45705 (CA)    

Court of Appeal  ·  CA/K/EPLG/9/98 ·  23 Apr 1998 ·  Nigeria
CORAM
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
Core Terms Beta
2nd petitioner
election
lower tribunal
nuhu dogo makama
respondents
1st respondent
appeal
election appeal tribunal
elections
kaduna state
chairman elect
declarations
exhibit d1
fair election
judgment of the lower tribunal
leading judgment
abubakar g.m. buhari
adamu fadason
atinuke omobonike ige
attorney general
bwans k. gideon
contents of exhibit d1
dauda k. akake
decision of the lower tribunal
election hold
elections of the 15th day of march
election tribunal
emmanuel b. sarki
end of the election nuhu dogo makama
failure of the 2nd respondent
former gwagwada local govt area
fresh elections
ibrahim akawu
james o. ogebe
joshua u. wafiyo
local government area
majority vote
march 15th
martina m. allahmagani
military administrator
petitioners
platform of the dpn
political parties
principles of the local government
real bone of contention
refusal of the milad
set aside
simon s. la
term of office of the 2nd petitioner
view of a letter exd1

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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