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DAVID AUDU CHATJOK V. HARUNA J. KATO & ORS

(1999) JELR 43822 (CA)

Court of Appeal  •  CA/K/EPLG/1/99  •  26 Feb 1999  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; IBRAHIM TANKO MUHAMMAD JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA;

Judgement

R. D. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The appellant was the petitioner at the Election Tribunal. In his petition he claimed that the 1st and 2nd respondents were not qualified to contest the chairmanship election of Kachia Local Government Council in that the 1st respondent was still a public servant in the employment of Kaduna State Ministry of Works and Transport while the 2nd respondent was an ex-convict. It was alleged that the 2nd respondent was convicted of the offence of house breaking by Area Court I Zonkwa.

Hearing of the petition commenced and after the petitioner and one other witness testified, a preliminary objection on point of law was raised on behalf of the 1st and 2nd respondents. It was argued that the petition did not comply with the requirements of paragraph 5(1)(c) of schedule 5 of Decree No.36 of 1998 and as such the petition was defective and a nullity. Mr Okoro, learned counsel for the petitioner, agreed that the petition has not complied wi…

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