YAHAYA
V.
SARAKI

(2011) JELR 57624 (CA)    

Court of Appeal  ·  EPT/CA/IL/SEN/8/2011 ·  15 Dec 2011 ·  Nigeria
CORAM
TIJJANI ABDULLAHI JCA (Presided) IGNATIUS IGWE AGUBE JCA (Read the Lead Judgment) ITA GEORGE MBABA JCA
Core Terms Beta
appellants
ground
issues
1st respondent
learned counsel
grounds of appeal
2nd respondents
criminal allegations
senior counsel
2nd respondent
notice of appeal
1st petitioner
civil allegations
evaluation of evidence
honourable court
effect of incompetent grounds of appeal
error of law
learned judges of the tribunal
submission of the learned counsel
additional grounds of appeal
amended appellants
amended notice
bythe independent national electoral commission
civil cases
close of the respective cases
consequence of the amended brief of the appellants
decision of the tribunal
following grounds
highest number of lawful votes
honourable justices bitrus g. sanga
kwara state
lead judgment
local governments
lot of other civil allegations
manipulation of election results
national assembly election
nature of burden of proof
opinion of the learned counsel
original notice of appeal
particular reference
petitioner ought
petition no. ept
provision of the electoral act
reason of substantial non-compliance
respective counsel
return of the 1st respondent
rules of this honourable court
statesassembly election petition tribunal
total number of grounds of appeal
transmission of the record of appeal

AGUBE JCA (Delivering the Lead Judgment): The National Assembly Election wasconducted on 9 April 2011 bythe Independent National Electoral Commission in Kwara State. Among other candidates who contested the election into the Kwara Central Senatorial District of Kwara State, were Dr. Oloriegbe Ibrahim Yahaya under the platform of the Action Congress of Nigeria (ACN) and Dr. Abubakar Bukola Saraki who was sponsored by the Peoples’ Democratic Party (PDP).

At the conclusion of the exercise, Dr. Abubakar Bukola Saraki was on Sunday, 10April 2011, returned and declared as the winner having polled a total of seventy-eight thousand, seven hundred and ninety-nine (78,799) votes. Dr. Oloriegbe Ibrahim Yahaya came second with a total of fifty- three thousand, and fifty-eight (53,058) votes. Dissatisfied by the declaration and return of Dr. Saraki, Dr. Yahaya headed to the National and StatesAssembly Election Petition Tribunal, Kwara State Holden at Ilorin, coram: Honourable Justices Bitrus G.…

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