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BISHIR BABBA v. IBRAHIM ABDULLAHI TAFASHIYA & ORS

(1999) JELR 41897 (CA)

Court of Appeal  •  CA/K/EPLG/29/99  •  23 Mar 1999  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; MUHAMMAD SAIFULAHI MUNTAKA-COOMASSIE JCA; PATRICK IBE AMAIZU JCA;

Judgement

AMAIZU, J.C.A. (Delivering the Leading Judgment): The appellant, Alhaji Bishir Babba and the 1st respondent, Ibrahim Abdullahi Tafashiya, contested the chairmanship election of Kankia Local Government Council. The election was conducted by the Independent National Electoral Commission (INEC for short) on the 5th of December, 1998.

The appellant was sponsored by the Peoples Democratic Party (PDP), while the 1st respondent was sponsored by the Peoples Redemption Party (PRP). At the end of the election, the 1st respondent was declared the winner, with 8,682 votes as against 7,788 votes recorded for the appellant. The appellant was not satisfied with the declaration. He filed a petition before the Katsina State Election Tribunal, challenging the result of the election.

The ground on which he challenged the election are that -

(i) the 1st respondent was not duly elected by a majority of lawful votes cast at the election;

(ii) the election was voided by reason of corrupt practices and otheā€¦

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