(2008) JELR 49467 (CA)    

Court of Appeal  ·  CA/K/EP/NA/9/08 ·  15 Aug 2008 ·  Nigeria
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria
Core Terms Beta
4th respondents
learned counsel
payment of filing fees
mrs. e. i. sowemimo
erstwhile secretary of the tribunal
learned trial tribunal
provisions of the electoral act
1st appellant
1st respondent
filing fees
issue of payment of filing fees
light of evidence of payment
m. n. duru esq
presentation of election petition
suo motu
25th october
action congress party
appellants vide motions
briefs of argument
case file
circumstances of this case
correspondence file
date of payment
date receipt
definition of the word
first ground of the petition bit
general election
independent national electoral commission
inspection of requisite court records
instant appeal
issue of nonjoinder
kano state
law firm of m. n. duru
leave of the tribunal
motu make reference
national assembly election tribunal
order of this court
particular form
platform of the 2nd respondent
present case
requisite fees
response of b. o. osuji esq
said election
said motion
similar fashion
such issuance

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): The 1st Appellant, Saida Sa'ad contested election under the platform of the 2nd Respondent, Action Congress Party (ACP), during the general election held nationwide on 21st April, 2007, into the Federal House of Representatives for the Tarauni Federal Constituency, Kano. The 1st Respondent, Mohammed Abubakar Maifata also contested the same elective post under the sponsorship of the 2nd Respondent, All Nigerian Peoples Party, (ANPP). The 3rd 'and 4th Respondents alongside others conducted the said election. The results declared by the 3rd and 4th Respondents returned the 1st Respondent as the winner with 35,932 votes, while the 1st Appellant came third with 6,654 votes.

Being dissatisfied with this unpalatable turn of events, the Appellants herein, on 22nd May, 2007 filed their petition containing 14 paragraphs, before the National Assembly Election Tribunal, holden at Kano, Kano State (Pages 1 - 30 of the record).…

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