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ALHAJI ADAMU BATARI DEBA v. DAUDA ALI ZAGI & ORS

(1999) JELR 41854 (CA)

Court of Appeal  •  CA/J/36/99  •  12 Mar 1999  •  Nigeria

Coram
DENNIS ONYEJIFE EDOZIE JCA; ZAINAB ADAMU BULKACHUWA JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA;

Judgement

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The appellant/petitioner and the 1st respondent contested for the chairmanship election of the Yamaltu Deba Local Government Council of Gombe State on the 5th of December, 1999 on the platforms of the All Peoples Party (APP) and the Peoples Democratic Party (PDP) respectively. The appellant scored 67,785 votes and the 1st Respondent scored 68,723 votes and was duly returned as the elected Chairman. The appellant/petitioner not being satisfied with the results of the election filed a petition on the 18th of December, 1998 before the Gombe State Local Government Election Tribunal alleging that the 1st respondent was not duly elected by a majority of the lawful votes cast and that the election was voided by corrupt practices and election offences contrary to the provisions of the electoral Decree 36 of 1995.

The Election Tribunal after hearing the parties dismissed the petition and affirmed the election of the 1st respondent as the C…

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