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ABDULRAZAK ISMAIL BAGWAI & ANOR V. SAADU YUSIFGODA & ORS

(2010) JELR 47838 (CA)

Court of Appeal  •  CA/K/EP/SHA/4/08  •  2 Feb 2010  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOHN INYANG OKORO JCA; THERESA NGOLIKA ORJI - ABADUA JCA;

Judgement

JOHN INYANG OKORO, J.C.A (Delivering the Leading Judgment): The 1st Appellant herein was a candidate of the Peoples Democratic Party in the 14th of April, 2007 elections for the seat of Bagwai/Shanono constituency in the Kano State House of Assembly.

The 1st Respondent contested on the platform of the 2nd Respondent, the All Nigeria Peoples Party. At the conclusion of the said election, the 3rd Respondent declared the 1st Respondent as winner of the election with a total vote of 23,835 as against 22,578 votes scored by the 1st Appellant. Not being satisfied with the declaration and return of the 1st Respondent as winner, the Appellants filed their petition at the Governorship and Legislative Houses Election Petition Tribunal, Kano against all the Respondents challenging the said return. The main point raised in the petition being a matter pertaining to the conduct of certain electoral officials, the issue of whether or not proper parties were sued by the Appellants was raised by the 1…

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