(1998) JELR 45712 (CA)    

Court of Appeal  ·  CA/K/EPLG/23/98 ·  29 Apr 1998 ·  Nigeria
Other Citations
Yaba v. Alaikum (1998) 6 NWLR (Pt. 554) 430
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria JAMES O. OGEBE Justice of The Court of Appeal of Nigeria IBRAHIM T. MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
election appeal tribunal
election tribunal
1st respondent
ibrahim assalamu alaikum
james o. ogebe
decision of the election tribunal
party bases
decision of the election appeal tribunal
local government council
chairman of malumfashi local government council
new issues
political party
leading judgment
submissions of the learned counsel
provisions of section
election appeals tribunal
local government election
attorney-general of the federation
decree no.
usman umar yaba
brief of argument
dispute of the said election
4th respondent
sufficient evidence
umaru abdullahi
corrupt practices
main issue
main issue of the petition
uncertified public documents
said motion papers
end of the day
post of the chairmanship of malumfashi
fair hearing
alhaji ibrahim assalamu alaikum
time of the promulgation of decree
listing of acts of irregularities
party basis
allegations of malpractices
submissions of the attorney-general of the federation

UMARU ABDULLAHI, J.C.A. (Delivering the Leading Judgment): At an election conducted by-the-National Electoral Commission of Nigeria (NECON) on 15th March, 1997. The appellant, herein, Usman Umar Yaba contested the election for the post of the chairmanship of Malumfashi Local Government council in Katsina state on the platform of the UNCP, while Alh. Ibrahim Assalamu Alaikum, 1st respondent herein, also contested for the same position under the platform of the DPN.

At the conclusion of the poll, the 4th Respondent (NECON) declared and returned Alh. Ibrahim Assalamu Alaikum, 1st respondent as the duly elected Chairman of Malumfashi Local Government Council.

The appellant, Usman Umar Yaba was not happy with the development, he filed a petition before the Election Tribunal on the grounds that:-

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

2. That the election was voided by corrupt practices, irregularities and offences against Decree No. 7 of 1997. The Election Tribunal di…

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