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ALL PROGRESSIVE GRAND ALLIANCE (APGA) & ANOR. V. GYANG D. DANTONG & ORS.

(2011) JELR 34640 (CA)

Court of Appeal  •  CA/J/EP/SN/205/2011  •  2 Dec 2011  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; REGINA OBIAGELI NWODO JCA;

Appearances
A.A. Sangei For Appellant O.I. Olorundare, SAN,S.T. Ologunorisa, SAN,S.G. Odey Esq.,Daniel GOPEP Esq.,S. Oyawale Esq.,V.Y. Kwon Esq.,P.H. Hammache Esq.A.M. Umar Esq.,P.A. Ubeng Esq., abdD.P. Dusu Esq., For Respondent

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National/State Assembly Election Tribunal sitting in Jos delivered on the 21/10/2011 dismissing the Appellants' petition (hereinafter referred to as "the Trial Tribunal") and held that the election of the 1st Respondent was in substantial compliance with the provision of the Electoral Act 2010 (as amended).

The 2nd Appellant contested the Plateau North Senatorial District election under APGA, the 1st Appellant in the 26/4/2011 election. The 1st and 2nd Appellants being dissatisfied with the outcome of the election in which the 1st Respondent of PDP was declared as the winner petitioned the trial Tribunal. The Appellants were aggrieved with the declaration and return and so filed the petition on, inter alia, the following grounds:

1. That the 1st Respondent was not duly elected by majority of lawful votes cast at the election into the Plateau North senatorial District held on th…

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