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POLYCARP DANLADI G. V. NASIR AHMED EL-RUFAI, ALL PROGRESSIVES CONGRESS (APC) & INDEPENDENT NATIONAL ELECTORAL COMMISSION

(2015) JELR 53603 (CA)

Court of Appeal  •  CA/K/EPT/GOV/15/2015  •  11 Dec 2015  •  Nigeria

Coram
I. M. M. SAULAWA JCA RITA N. PEMU JCA SAMUEL C. OSEJI JCA IBRAHIM SHATABDLIYA JCA ABIMBOLA O. OBASEKI-ADEJUMO JCA

Appearances
O. O. Olowokure (with him, C. D. Ishu, K. O. Oyeniran, E. Duniya, R. O. Abdulaziz and I. B. Ahmed) for the Appellant; A. U. Mustapha (with him, O. A. Dada) for the 1st Respondent; M. I. Abubakar (with him, O. I. Habeeb, Rauben James, Emmanuel Ekhasemomhe, Muawiya Yunusa, Halilu Baba, F. D. Kozah, P. K. Tagwai, D. B. Tabakwot and Dike Ifeanyi) for the 2nd Respondent; Adetunji Oyeyipo SAN (with him, Oladipo Tolani, Kabir Momoh) for the 3rd Respondent.

Judgement

SAULAWA JCA (Delivering the Lead Judgment): The instant appeal is against the judgment of the Kaduna State Governorship Election Tribunal, holden at Kaduna, delivered on 15 October 2015in petition No. KD/EPT/GOV/01/2015. By the judgment in question, the tribunal below dismissed the appellant’s petition and affirmed the declaration and return of the 1st respondent by the 3rd respondent as the overall winner of the governorship election for Kaduna State held on 11 April 2015. Dissatisfied with the said judgment, the appellant filed the notice of appeal thereof on 4 November 2015 which is predicated upon a total of twenty (20) grounds. See pages 3497 - 3510 of the records of appeal.

Background facts

It is trite, that governorship elections were conducted on 11 April 2015 by the 3rd respondent in most of the States of the Federation. In Kaduna State, a total of 15 candidates participated in the said election including the appellant and the 1st respondent, who were sponsored by the All P…

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