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I.T. MUHAMMAD, J.C.A.: (Delivering the Leading Judgment): At the nationally conducted election into the offices of Chairmen of Local Government Councils throughout the Federation held on the 5th of December, 1998, the 1st appellant under the banner of the 2nd appellant contested for the election along with the 1st respondent who was fielded by the 2nd respondent. At the end of the election, the 3rd respondent declared the 1st respondent as the winner of the election for the chairmanship of Igabi Local Government Council of Kaduna State with majority votes of 70,320 as against the 1st appellant who scored 55,666 votes.
The 1st and 2nd appellants were dissatisfied with the result and filed a petition to the Kaduna State Local Government Election Petition Tribunal (the tribunal). The grounds upon which the petition was premised were that the 1st respondent at the time of election was not qualified to contest the chairmanship election for his failure to resign his appointment from office …