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SAMARI ABDULMALIK ANOR. V. YUSUF AHMED TIJANI ORS.

(2012) JELR 35185 (CA)

Court of Appeal  •  CA/A/EPT/610/2011  •  16 Feb 2012  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; JIMI OLUKAYODE BADA JCA; EJEMBI EKO JCA;

Appearances
MR CYRIL OKOGORO with him are MRS I. OKPOGORO and K. M. NOMEH for the Appellants. For Appellant MR A. M. ALIYU with him are S. O. ALHASSAN, E. A. OSAYOMI and K. C. WISDOM for the 1st Respondent.CHIEF A. O. AJANA with him are U. A. MOHAMMED, S. G. IKUESAN and MISS MULIKAT KILANI for the 2nd Respondent.MR. J. M. MAJIYAGBE for the 3rd to 17th Respondents For Respondent

Judgement

JIMI OLUKAYODE BADA, J.C.A.: (Delivering the Leading Judgment): This appeal was dismissed by this Court on the 17th day of December 2011 and reasons for the Judgment was reserved.

I hereby give the reasons for the Judgment.

The appeal is against the Judgment of the National and State House of Assembly Election Tribunal, Lokoja in the Kogi State of Nigeria, delivered on 25th day of October 2011 in Petition No: EPT/GK/NAHOR/8/2011 between: SAMARI ABDULMALIK and 1 OTHER V. YUSUF AHMED TIJANI and 16 OTHERS.

Briefly the facts of the case are that on the 9th of April 2011 the 3rd Respondent conducted election into the National Assembly throughout the country.

The 1st Appellant contested the election into the House of Representatives for the Okene/Ogori/Magaongo Federal Constituency under the platform of the 2nd Appellant while the 1st Respondent contested for the same position under the platform of the 2nd Respondent. At the conclusion of the election the 1st Respondent was returned as duly…

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