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ALHAJI IBRAHIM AHMED BABAN-KOWA v. ALHAJI MOHAMMED D. ALKALI & ORS

(1999) JELR 43842 (CA)

Court of Appeal  •  CA/K/EPNA/3/99  •  13 May 1999  •  Nigeria

Coram
RAPHEAL OLUFEMI ROWLAND JCA; IBRAHIM TANKO MUHAMMAD JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA;

Judgement

IBRAHIM TANKO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The Independent National Electoral Commission (INEC) conducted a nationwide election into the National Assembly of the Federation. In Jigawa State and for the seat of SENATOR who would represent JIGAWA NORTH-WEST senatorial district, the appellant and 1st respondent contested the election. The appellant was fielded by the All Peoples Party (APP) whereas the 1st respondent was fielded by the Peoples Democratic Party (PDP). 1st respondent scored 96,633 votes as against the appellant who scored 92,191 votes. Accordingly, 1st respondent was returned by the 2nd respondent as the duly elected Senator for the Senatorial district. The appellant was dissatisfied with the return of his opponent as the Senator-elect. Consequently, he (as petitioner) filed his petition against the 1st respondent and some 53 others before the Jigawa State National Assembly Election Tribunal (simply referred to hereinafter as "the tribunal"). Among t…

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