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YABA
V.
ALAIKUM & ORS

(1998) JELR 45712 (CA)

Court of Appeal 29 Apr 1998 Nigeria
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Case Details

Suit Number:CA/K/EPLG/23/98
Judges: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
Counsel:For Appellant Yunus Ustaz Ushan Esq. for the 1st respondent For Respondent

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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