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MUSTAPHA BAWA v. LAWAL BALARABE & ORS

(1999) JELR 43845 (CA)

Court of Appeal  •  CA/K/EPSA/2/99  •  7 Apr 1999  •  Nigeria

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

Judgement

ROWLAND, J.C.A, (Delivering the Leading Judgment): The first petitioner at the trial tribunal - Lawal Balarabe - contested for the Zaria City Constituency seat. for the Kaduna State House of Assembly, on the platform of the Peoples Democratic Party (PDP), on the 9th day of January, 1999. His opponent was the 1st respondent, Mustapha Bawa, of the All Peoples Party (APP). At the end of the election, the 6th respondent (INEC) through the 5th respondent (returning officer, Zaria Local Government) returned the 1st respondent as duly elected with 11.452 votes, as against the 1st petitioner's 11,268 votes.

1st petitioner was dissatisfied with this result and it was for this reason that he filed his petition before the lower tribunal on two main grounds:-

(1) What the election conducted on 9/1/99 by the 6th respondent through the 3rd. 4th and 5th respondents, at Kaura Ward and Anguwan Fatika Ward in Zaria City Constituency is voided by corrupt practices/undue influence ..."

(2) "That the 1st …

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