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HON. SAMUEL ALU V. HON RAYMOND AKOLO & ORS

(2008) JELR 33522 (CA)

Court of Appeal  •  CA/A/342/2007  •  10 Jul 2008  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; ABUDU ABOKI JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

RABIU DANLAMI MUHAMMAD, J.C.A (Delivering the Leading Judgment): On the 14th day of April, 2007, elections were held into the Nasarawa Eggon Constituency of the Nasarawa State House of Assembly. The appellant contested under the platform of the Peoples Democratic Party (P.D.P) while the 1st respondent contested under the banner of All Nigeria Peoples Party (ANPP). At the conclusion of the election, INEC declared the 1st respondent as the winner of the election. The appellant felt aggrieved with the declaration and return of the 1st respondent, he therefore filed a petition on 15th May, 2007, at the Nasarawa State National Assembly/Governorship and Legislative Houses Election Tribunal holden at Lafia.

On the following grounds:-

"a. that the election was invalid by reason of corrupt practices and non-compliance with the provisions of the Electoral Act 2006

b. that the respondent was not duly elected by the majority of lawful votes cast at the election."

The 2nd to 56th respondents then…

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