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SULEIMAN & ANOR
V.
BELLO & ORS

(2023) JELR 113114 (CA)

Court of Appeal 19 Dec 2023 Nigeria
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- The Appellants challenged the outcome of the Fagge Federal Constituency election before the National and State House of Assembly Election Petition Tribunal in Kano, alleging corrupt practices, non-compliance with the Electoral Act 2022, a

Case Details

Suit Number:CA/KN/EP/HR/44/2023
Judges:MOHAMMED MUSTAPHA, JCA MOHAMMED DANJUMA, JCA LATEEF ADEBAYO GANIYU, JCA
Counsel:Salisu Sule, Esq; for Appellants. A. A. Hikima, Esq, with H. S. Bello, Esq; and Ridwan Yunusa Esq; for 1st Respondent. B. Y. Gambo Esq; with Eyitayo Falogun SAN, Bashir Muhammed, Esq; M. D. Abubakar Esq; and Yunusa Shafiu Esq; for 2nd Respondent. A. H. Sule, Esq; with Baffa Alassan Esq; A. I. Yaro Esq; M. A. Awwal Esq; and A. A. Usman Esq; for 3rd Respondent.
Location:Abuja

MOHAMMED DANJUMA, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of the National and State House of Assembly Election Petition Tribunal sitting in Kano, Kano State Coram: Hon. Justices R. O. Odogu, E. B. Omotosho and T. I. Eghe-Abe delivered on Thursday 26th of October, 2023. Dissatisfied with the said judgment, the Appellants appealed to this Court.

BRIEF STATEMENT OF FACTS

By a petition filed on 4th of May, 2023, the Appellants as petitioners at the trial Tribunal, complained that:
a. The election was invalid by reason of corrupt practice/ non-compliance with the provisions of the Electoral Act.
b. The 2nd Respondent was not elected by majority of lawful votes.
c. Discrepancies in Number of accredited and Number of votes cast in wards in Fagge LGA.

In proof of the petition the Appellants called three witnesses and tendered documents including Exhibits P1 to P54 as well as P17817.

In its judgment delivered on 24th October, 2023 the trial Tribunal dismissed the Ap…

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