(1999) JELR 43795 (CA)    

Court of Appeal  ·  CA/E/EPSA/5/99 ·  24 Mar 1999 ·  Nigeria
Other Citations
TSOHO v. YAHAYA (1999) 4 NWLR (pt.600)
Tsoho v. Yahaya (1999) 4 NWLR (Pt. 600) 657
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
1st respondent
decree no.3
electoral officer
kaduna state house of assembly
provision of paragraph
time of the election
said election
ground of fraud
nomination of a candidate
1st appellant
conduct of an election
election of 1st respondent
judicial commission of inquiry
kaduna state
member of kaduna state house of assembly
state government
transitional provisions
trial tribunal
1st petitioner
2nd appellant
3rd paragraph of the record
6th respondent
above issue
above question
cases of dpn v
citizen of nigeria
complete agreement
election results
electoral law
end of the elections
following declarations
following issues
ground of appeal
learned brother m.d. muhammad
learned member of the tribunal
legislative house election tribunal
local governments
member of the kaduna state house of assembly
membership of kaduna state house of assembly
notice of appeal
provisions of sub-paragraph
resident electoral commissioner
services of the high court of justice
sets of rules
state legislature

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): Elections into State legislature were conducted nationwide simultaneously with that of the governorship on the 9th day of January, 1999. 1st appellant as 1st petitioner at the tribunal below, contested for the membership of Kaduna State House of Assembly representing Eubau Constituency.

He was fielded by the Peoples Democratic Patty (PDP) 2nd appellant. The 1st respondent herein contested along with him. 1st respondent was fielded by the All Peoples Party (APP). At the end of the elections the 6th respondent returned the 1st respondent as the duly elected representative with 49,913 votes as against the 30,607 votes scored by the 1st appellant.

Dissatisfied with the election results, the appellants filed their petition to the Governorship and Legislative House Election Tribunal for Kaduna State. In the petition, the appellants alleged that:

"(a) The 1st respondent was at time of the election not qualified to contest and/or to be elec…

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