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SAMBO
V.
AILERO

(2009) JELR 56697 (CA)

Court of Appeal 25 Feb 2009 Nigeria
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- The appellants, having lost their election petition at the Election Tribunal challenging the return of the 1st respondent as Senator for Kebbi Central, appealed and sought leave of the Court of Appeal to adduce further evidence—specifical

Case Details

Suit Number:CA/K/EP/NA/42/2007
Judges:BABA ALKALI BA’ABA JCA (Presided) JOHN INYANG OKORO JCA (Read the Lead Ruling) MASSOUD A. OREDOLA JCA
Counsel:A. J. Owonikoko Esq. (with him, O. Jolaowo Esq. and A.C. Aderemi -*- (Miss)) - for the Appellant/Applicants. B -*- M. U. Ibrahim Esq. - for the 1st and 2nd Respondents. -*- Yahaya Mahmood Esq. (with him, Abbas Masanawa Esq. and Linda Yaro (Miss)) - for the 3rd - 5th Respondents.

OKORO JCA (Delivering the Lead Ruling): The appellants/applicantswere petitioners at the National Assembly, Governorship and Legislative Houses Election Petition Tribunal sitting at Birnin Kebbi, Kebbi State, challenging the return of the 1st respondent as Senator representing Kebbi State Central Senatorial District in the Senate of the Federal Republic of Nigeria following the elections held on 21 April 2007. The three groundsupon which the petition was anchored were that:

The 1st respondent was not qualified to contest the election.

The 1st respondent was not validly nominated to contest the election into the Kebbi Central Senatorial seat of Kebbi State.

The election of the 1st respondent was invalid by reason of non-compliance with the provisions of the ElectoralAct, 2006. The 1st appellant/applicant was sponsored by the second appellant/ applicant while the 1st respondent contested on the platform of the 2nd respondent. On 10 October 2007, the tribunal delivered its judgment dismis…

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