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BARRISTER ABDULGHANNIY M. BELLO ACTION CONGRESS (AC) V. ADAMU YAKUBU PEOPLES DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) THE RESIDENT ELECTORAL COMMISSIONER, GOMBE THE RETURNING OFFICER, AKKO NORTH STATE CONSTITUENCY THE RETURNING OF FICER, AKKO WARD THE RETURNING OFFICER, KALSHING WARD THE RETURNING OFFICER, GARKO WARD THE RETURNING OFFICER, TUKULMA WARD

(2007) JELR 54593 (CA)

Court of Appeal  •  CA/J/EP/HA/248/2007  •  23 Nov 2007  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA (Presided) ALFRED P. EYEWUMI AWALA JCA UZO NDUKWE-ANYANWU JCA ( Read the Lead Judgment)

Appearances
Caleb Ubale Esq. - for theAppellant. -*- I.M.Attahir Esq. - for the 3rd - 9th Respondents. -*- I.A.O. Fansho - for the 1st Respondent, equally holding the brief -*- of Abudullahi Duro Esq. - for the 2nd Respondent.

Judgement

NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): Theappellants were the petitioners in the Gombe State Governorship and Legislative Houses Election Petition Tribunal. The appellants petitioned against the return of the 1st respondent who was returned as the winner of theAkko North State constituency.

The petitioners sought for the following reliefs in their petition:

(1) A declaration that the 3rd - 9th respondents did not comply with the provisions of the Electoral Act.

A declaration that the entire election was invalid by reason of corrupt practices and non-compliance with the Electoral Act.

An order of the Honourable Tribunal nullifying the purported aforesaid elections and order for fresh election with petitioner participating. Upon service of the petition on the respondents, they all filed their unconditional memoranda of appearance. They all later filed their replies to the petition. A At the pre-hearing session, all the respondents except the 2nd respondent indicated their inteโ€ฆ

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