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ABUBAKAR SANI DANLADI &. ALL PROGRESSIVES CONGRESS (APC) V. USMAN UDI, JOSHUA PAAKU, GEORGE GEOFREY, TANKO MUSLIM MUNKAILA & INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2019) JELR 110786 (CA)

Court of Appeal  •  3 May 2019  •  Nigeria

Coram
Chidi Nwaoma Uwa James Shehu Abiriyi Abdullahi Mahmud Bayero

Appearances
Yakubu Maikasuwa, Esq. For the Appellant E. U. Erhinure, Esq. for the 1st-4th Respondents. 5th Respondent served but absent

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the Federal High Court, Jalingo delivered on the 6th day of March, 2019 by S. D. Pam J. The 1st – 4th Respondents took out an Originating Summons before the lower Court against the Appellants and the 5th Respondent as defendants. The following questions were raised for determination by the lower Court thus:

1. “Whether regard being had to the provisions of Section 31(5) of the Electoral Act 2010 (as amended) the information given by the 1st defendant as to his age in the affidavit in support of his personal particulars in the INEC Form CF001 submitted to the 3rd defendant by him is false when the 1st defendant stated in the affidavit supporting his personal particulars that he was born on 14th January 1968, when the 1st defendant’s date of birth contained in the West African Senior Certificate submitted by him to the 3rd defendant indicates that the 1st defendant was born on 3rd April, 197…

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