ALIYU DAUDU V. SAYYADI HALLIRU & ORS

AMAIZU, J.C.A. (Delivering the Leading Judgment): The appellant and the 1st respondent contested the councillorship election in respect of Dan Ali Constituency in Dan Musa Local Government Area of Katsina State on 5th December, 1998. They were respectively sponsored by the Peoples Democratic Party (PDP) and All Peoples Party (APP). At the end of the election, the 1st respondent was declared the winner, having scored the majority votes cast. The appellant was dissatisfied with the result of the election. He filed a petition before the Local Government Election Tribunal, Kastina State (herein-after referred to as the tribunal).

In the said petition, the appellant alleged that the 1st respondent was not duly elected by a majority of lawful votes. He further alleged that the election was marred by malpractices in the following polling stations viz - Amarawa North and South, Gadawa and Dan Ali. He subsequently claimed the following reliefs -

"1. The 1st respondent was not duly elected by …