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YUSUF AHMED BADAU & ANOR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

(2008) JELR 47561 (CA)

Court of Appeal  •  CA/K/EP/NA/23/07  •  15 May 2008  •  Nigeria

Coram
BABA ALKALI BA'ABA JCA; JOHN INYANG OKORO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Judgement

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Governorship and Legislative Houses Election Petition Tribunal sitting in Kano in petition number EPT/KNS/HR/30 2007 wherein the Tribunal struck out the petition of the Appellants in limine on 3rd September, 2007. The 1st Appellant was a candidate of the All Nigeria Peoples Party in the election held on the 21st April, 2007 for the House of Representatives seat for the Shanono/Bagwai Federal Constituency of Kano State. The 3rd Respondent was a candidate of the People Democratic Party in the said election. The 1st and 2nd Respondents conducted the elections at the end of which the 3rd Respondent was declared winner. Not being satisfied with the return of the 3rd Respondent, the Appellants filed a Petition before the lower Tribunal. But before the Petition could be heard, the 1st and 2nd Respondents on 1st August, 2007, filed an application praying the lower Tribunal to strike out …

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