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ACTION CONGRESS (AC) & ANOR V. KENAN Y. KAIGAMA & ORS

(2007) JELR 48771 (CA)

Court of Appeal  •  CA/J/EP/253/2007  •  30 Nov 2007  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; ALFRED PEARSON EYEWUMI AWALA JCA; UZO I. NDUKWE-ANYANWU JCA;

Judgement

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The first appellant is a registered political party which sponsored the 2nd appellant in the 14th April, 2007 general election to the Taraba State House of Assembly for Bali 1 Constituency. The 2nd appellant contested the election with amongst others the 1st respondent, at the end of which the 3rd respondent who conducted the election declared the 1st respondent as the winner and returned him as the duly elected member representing Bali 1 Constituency in the Taraba State House of Assembly.

The appellant being dissatisfied with the outcome of the election filed a petition before the Governorship/Legislative Houses Election Petition Tribunal, Jalingo, Taraba State on the following grounds:

"(1) Your petitioner states that the 1st respondent is not qualified to contest the election of 14th April, 2007 on grounds of educational qualification and age.

(2) Your petitioner states also and in addition to or in alternative to the above that…

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