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HON. MUSA TANKO ABARI & ANOR V. HON. PHILIP T. ADUDA & ORS

(2011) JELR 48509 (CA)

Court of Appeal  •  CA/A/EPT/581/2011  •  13 Dec 2011  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; HUSSEIN MUKHTAR JCA; EJEMBI EKO JCA;

Appearances
Mr. Ikechukwu Uzuegbu For Appellant Chief Karina Tunyan SAN with him are A. I. Moru, M. Aliero and J. Okereke for the 1st and 2nd Respondents.Mr. P. M. Ayam for the 3rd Respondent, with him is A. V. Aderemi. For Respondent

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of National and State House of Assembly Election Tribunal at Abuja delivered on the 18th day of October, 2011.

Briefly the facts of the case are that on the 9th day of April, 2011 there was a General Election for the Senatorial Seat in the AMAC/BWARI Federal Constituency, Abuja. The election result was declared on the 10th day of April, 2011 wherein the 1st Respondent was returned elected having scored the highest lawful majority votes. The Appellants filed their Petition on 29th April, 2011 challenging the return of the 1st Respondent.

The grounds upon which the Petition was based are as follows:-

(a) Non-qualification pursuant to Section 145(1)(a) of the Electoral Act 2006;

(b) Corrupt Practices pursuant to Section 145(1)(b) of the Electoral Act 2006;

(c) Non-Compliance pursuant to Section 145(1)(b) of the Electoral Act 2006. (See pages 4 to 5 of the Record of Appeal.)

At the concl…

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