COL. YOHANNA MAMMAN DICKSON (RTD) UNPP V. ISAIAH CHAWAI BALAT INEC
(2003) JELR 51430 (CA)
Court of Appeal
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CA/K/EPT/1/003
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14 Jul 2003
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Nigeria
Coram
ISA AYO SALAMI, JCA (Presided) DALHATU ADAMU, JCA (Read the Lead Judgment) BABA ALKALI BA'ABA, JCA JOSEPH JEREMIAH UMOREN, JCA
Appearances
E. A. Aremo, Esq. - for the Appellant.
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Zarari Sogfa, Esq. (with him, F. B. Kozah) - for the 1st Respondent. B
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T. M. Inuwa, Esq. (with him, Mrs. Adaramaja) - for the 2nd Respondent.
Judgement
<p><strong> ADAMU, JCA (Delivering the Lead Judgment): </strong> This is an appealagainst the ruling of the National Assembly/Governorship and Legislative Houses Election Tribunal holden at Kaduna delivered on 20/5/03 in the petition No. KD/ETP/NA/G/LA/001/2003, wherein the petition of the petitioner/ appellant (hereinafter simply called “the appellant”) was struck out. The Tribunal’s grounds for striking out the petition, were two fold viz:</p><p>Failure to state the votes scored by all the candidates as required in paragraph 4(1)(c) of the 1st Schedule to the Electoral Act, 2002; and Failure to state the address for service of the petitioner at which documents meant for the said petitioner may be left, and its occupier contrary to paragraph 4(4) of 1st Schedule ofthe Act (supra).</p><p>The ruling of the Tribunal was sequel to a motion on notice filed by or on behalf of the 1st respondent on 7/5/03 in which the competence of the appellants’ petition was challenged for non-compliance with the above provisions as conta…</p>