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…