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ISHAYA IKPIRI ACHANGAT V. REV. MATHIAS AKUBAWOK KUTAI & ORS

(2010) JELR 47854 (CA)

Court of Appeal  •  CA/J/EP/HA/40/2009  •  29 Jun 2010  •  Nigeria

Coram
ZAINAB A. BULKACHUWA JCA; BODE RHODES-VIVOUR JCA; ABUBAKAR DATTI YAHAYA JCA;

Appearances
Joshua John with D.P. Dusu For Appellant O Akobundu with V. Damulak 1st - 2nd Respondent/Cross-AppellantStephen Ibyem for 3rd-5th Respondents and 2nd - 4th Cross Respondent6th Respondent absent and unrepresented For Respondent

Judgement

ZAINAB A. BULKACHUWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Election Petition Tribunal constituted to handle the petition that emanated from the Re-run Election of Rukuba/Irigwe Constituency into the Plateau State House of Assembly which took place on the 26th day of July, 2008 following the judgment of this Court nullifying the election and return of the 1st respondent in the election that was held on the 14th day of April, 2007.

Before the lower tribunal the 1st and 2nd respondents, as petitioners therein, filed a petition challenging the return of the appellant (Ishaya Ikpiri Achangat) as the duly elected member into the Plateau State House of Assembly from Rukuba/Irigwe Constituency on the grounds that the appellant was not qualified to contest the election, having not been educated up to at least the school certificate level or its equivalent and that the appellant presented a forged Primary School Leaving Certificate to the Indep…

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