(1999) JELR 43849 (CA)    

Court of Appeal  ·  CA/K/EPSA/4/99 ·  24 Mar 1999 ·  Nigeria
Other Citations
NWANKWO v. ATTA (1999) 5 NWLR (pt.601)
Nwankwo v. Atta (1999) 5 NWLR (Pt. 601) 134
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower tribunal
1st respondent
fagge constituency
4th respondent
necessary parties
judgment of the lower tribunal
presiding officers
alhaji yusuf abdullahi atta
conduct of the presiding officers
kano state
notice of appeal
petitioner appellant
2nd-4th respondents
brief of argument
independent national electoral commission
order of the tribunal
result of the election
returning officer
state government
transitional provisions
2nd respondent
3rd respondent
9th unit
complete agreement
decision of the honourable trial tribunal ordering
fagge constituency kano state
fagge l.g. electoral officer alh
favour of the 1st respondent
following figures ad
fresh elections
house of assembly tribunal
leading judgment
mr. osita o. d. nwankwo
polling centre dandali
return of alhaji yusuf a. atta
rule of natural justice
said election
second issue
state houses of assembly
statement of result of poll
sufficient evidence
view of the above cited provisions of the law

OMAGE, J.C.A. (Delivering the Leading Judgment): The election into the State Houses of Assembly which took place throughout Nigeria on 9th January, 1999, took place also in Fagge Constituency in Kano, Kano State. After the Election, Alhaji Yusuf Abdullahi Atta was found to have polled 14.079 votes and Mr. Osita O. D. Nwankwo polled 13,398 votes. Dr. A.B. Haruna the returning officer in Fagge Constituency Kano State returned Alhaji Yusuf Abdullahi Atta as the member elected in Kano State House of Assembly for Fagge Constituency.

Mr. Osita O.N. Nwankwo disputed the return of Alhaji Yusuf A. Atta, and filed a petition before the Kano State Governorship and House of Assembly Tribunal. The petition is contained in pages 3-10 of the record filed in this appeal. It is dated 22nd January, 1999.

In it the petitioner cited Alhaji Yusuf A. Atta as the 1st respondent the Fagge L.G. Electoral Officer Alh. A. Gawuna as the 2nd respondent. The Fagge Constituency Returning Officer Dr. A.B. Haruna, 3…

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