(1998) JELR 45713 (CA)    

Court of Appeal  ·  CA/K/EPLG/21/98 ·  29 Apr 1998 ·  Nigeria
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
election tribunal
returning officer
2nd respondent
electoral officer
presiding officer
sabon ice polling station
2nd petitioner
appeal tribunal
brief of argument
election result
highest votes
respect of a ballot paper
allegation of diversion of ballot box
attorney general
ballot papers
banner of the democratic party of nigeria
banner of the united nigeria congress party
cancellation of saban ice polling result
chairman seat
decision of the returning officer
decree no.7
d.p.n. agent
election petition
end of the election
ibrahim tanko muhammad
inter alia
james o. ogebe
kaduna state election appeal tribunal
kaduna state election tribunal
kagarko local government council
leading judgment
main issues
mr. eric y. abubakar
mr. j.b. daudu
mr. s.a. udaga
office of the federal attorney general
original copy
presiding officer of saban ice
provision of sections
record of the election tribunal
respect of saban ice polling unit
submission of counsel
umaru abdullahi

IBRAHIM TANKO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): At the end of the election into the Kagarko Local Government Council for the Chairman seat, 2nd petitioner, Mr. Eric Y. Abubakar, who contested under the banner of the United Nigeria Congress Party (UNCP) was declared Chairman, having won with the highest votes. 2nd respondent Mr. Daniel J. Madaki, who contested for same seat under the banner of the Democratic Party of Nigeria (DPN) came next to 2nd petitioner in votes. 2nd respondent was dissatisfied with the election result and he filed his petition to the Kaduna State Election Tribunal. After hearing the parties, the Election Tribunal dismissed the petition and confirmed the result declared by NECON in favour of the 2nd petitioner. Dissatisfied further, the respondents appealed to the Kaduna state Election Appeal Tribunal on two grounds. The Appeal Tribunal reviewed the record of the Election Tribunal, submission of counsel on the grounds and at the end, held that th…

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