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MOHAMMED ALI V. ALI UMARU & ORS

(1999) JELR 43881 (CA)

Court of Appeal  •  CA/K/EPLG/20/99  •  10 Mar 1999  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; IBRAHIM TANKO MUHAMMAD JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA;

Judgement

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A.(Delivering the Leading Judgment): In its judgment delivered on the 3rd day of February, 1999 the Local Government Election Tribunal sitting in Katsina, Katsina State granted the prayer in the petition of Ali Umaru, and declared him duly elected, or returned as councillor in the Rimi Ward in the Rimi Local Government Area. The petitioner had complained that the votes returned at the conclusion of the election did not represent the true votes cast at the said election in the Ward on 5th December, 1998. At the end of the election the 1st Respondent Mohammed Ali was duly elected councillor for Rimi ward; with 1,106.

It is settled rule in this court that the issue for determination must derive from the ground of appeal, issue No 3 herein does not derive from the ground of appeal filed by the appellant. An issue formulated for determination which does not derive from file ground of appeal go to no issue, Okpala v. Ibeme 1989 2 NWLR (pt. 102) at 122 Nnaeā€¦

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