(1999) JELR 43880 (CA)    

Court of Appeal  ·  CA/K/EPLG/13/99 ·  3 Mar 1999 ·  Nigeria
Other Citations
PDP v. APP (1999) 3 NWLR (Pt. 594)
PDP v. APP (1999) 3 NWLR (Pt. 594) 238
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
electoral officer
returning officer
2nd respondent
conduct of the election
ground of appeal
grounds of appeal
provisions of the decree
allegation of misconduct
blind eye
brief of argument
brother r. d. muhammad
forms ec
joinder of the returning officer
lot of irregularities
2nd appellant
2nd appellants
a.-g. of federation
briefs of arguments
case of chief akin omoboriowo
chief michael ajasin
civil proceedings
defective brief
election result
fair hearing
forms ec 8a
forms e.c.8b
hearing of the petition counsel
ibrahim tanko muhammad
independent national electoral commission
kolawole j.c.a.
leading judgment
local government council election tribunal
local government councils of nigeria
peoples party
platform of the peoples democratic party
presiding officer
purpose of brief writing
rabiu danlami muhammad
real issues
said chairmanship election
single issue
special proceedings
third respondent
victor aimepomo oyeleye omage
wild goose chase

RABIU DANLAMI MUHAMMAD, J.C.A. (Delivering the Leading Judgment): On the 5th of December, 1998 elections were held nationwide into all the Local Government Councils of Nigeria. The 2nd appellant contested the Chairmanship of Kubau Local Government Council of Kaduna State under the platform of the Peoples Democratic Party (PDP) while the 2nd respondent was sponsored by the All Peoples Party (APP) to contest the said chairmanship election. After the election, the third respondent i.e. the Independent National Electoral Commission (INEC) returned the 2nd respondent as duly elected.

The 1st and 2nd appellants were aggrieved with this decision. They filed a petition at the Local Government Council Election Tribunal, Kaduna challenging the election result. It was averred in the petition that the 2nd respondent was not duly elected by a majority of votes cast at the election and that the election was voided by non-compliance with the provisions of the Decree. The appellants also claimed that…

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