ALHAJI MOHAMMED SANUSI DAGGASH V. HAJJA FATI IBRAHIM BULAMA INDEPENDENT NATIONAL ELECTORAL COMMISSION THE RESIDENT ELECTORAL COM MISSIONER BORNO STATE THE RETURNING OFFICER FOR THE SENATORIAL ELECTION FOR BORNO NORTH SENATORIAL DISTRICT THE RETURNING OFFICER FOR KAGA LOCAL GOVERNMENT FOR THE SENATORIAL ELECTION FOR BORNO NORTH SENATORIAL DISTRICT THE RETURNING OFFICER FOR DONGO WARD OF KAGA LOCAL GOVERNMENT AREA FOR THE BORNO NORTH SENATORIAL DISTRICT THE ELECTORAL OFFICER FOR KAGA LOCAL GOVERNMENT AREA THE RETURNING OFFICER FOR GUZAMALA LOCAL GOVERNMENT AREA FOR THE SENATORIAL ELECTION FOR THE BORNO NORTH SENATORIAL DISTRICT

OBADINA JCA (Delivering the Lead Ruling): This is a ruling on the application of the appellant/applicant wherein he prayed the court for the following order:-

“An order setting aside the consequential order made by this Honourable Court in its judgment delivered in this appeal on 6th November, 2003, nullifying the elections for the Borno North Senatorial seat and directing the Independent National Electoral Commission to conduct fresh elections for the said senatorial seat.”

The grounds of the application were stated to be as follows:-

“(i) The order was made by this Honourable Court under the impression that the winner of the election was the candidate who was disqualified by the verdict of the Court of Appeal.

(ii) The winner of the election was the appellant whose election remains unchallenged having dismissed the petition filed against the said election.

(iii) The Order does not arise from the Judgment of this Honourable Court.” 

The application was supported by affidavit and the r…