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YARYASA & ANOR.
V.
INEC & 2 ORS.

(2023) JELR 113012 (CA)

Court of Appeal 19 Dec 2023 Nigeria
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- This is an appeal against the decision of the National and State House of Assembly Election Petition Tribunal in Kano State. - The Tribunal dismissed the case of the petitioners, stating that they did not prove any of the grounds in their

Case Details

Suit Number:CA/KN/EP/SHA/46/2023
Judges:MOHAMMED MUSTAPHA, JCA MOHAMMED DANJUMA, JCA LATEEF ADEBAYO GANIYU, JCA
Counsel:Ibrahim Isah Wangida, Esq, with Eyitayo Fatogun, SAN; Abdulkarim K. Mande, Esq; and B. Y. Gamba Esq; for Appellants. Mu'awiya Yunusa, Esq; with F. Boma Ayomide Alabi OON, SAN, MCIArb; Maryam Uwais, OON, MFR; Oduduabasi Ituen, Esq; for 1st Respondent. Sani Maiyaki Maisamari, Esq; with Nureini Jimoh, SAN, FCArb, FiCMC, Abubakar Nuhu Ahmad, Esq; Zainab Abiodun Maiyaki, Esq; Umar Farouq Abdullateef, Esq; Ibrahim Garba Inuwa, Esq; Rayyanu S. Andarai Esq; and Fatima M. Mailafiya, Esq; for 2nd Respondent. Ismail Abdulaziz Esq; ACArb; with Abdurrahim Abubakar, Esq; for 3rd Respondent.
Location:Abuja

MOHAMMED DANJUMA, JCA (Delivering the Leading Judgement): This is an appeal against the decision of the National and State House of Assembly Election Petition Tribunal Kano State, delivered by Hon. Justice R. O. Odogu, Hon. Justice E. B. Omotosho and Hon. Justice T. J. Eghe-Abe on the 26th of October, 2023 wherein the Tribunal dismissed the case of the petitioners stating that:

"...In conclusion, the judgment of this tribunal is that the petitioners have not proved any of the two grounds for filing this petition as it is impossible to do so without credible evidence of witnesses to substantiate the particulars of the grounds in the petition. Even if the petitioners have proved that there was substantial non-compliance with the provisions of the Electoral Act, 2022, they still have to contend with their admission in the pleadings that if the figures representing the over-voting is removed, it will still result in victory of the 2nd Respondent. In all, this petition is lacking in merit …

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