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ALHAJI MUHAMMADU MAIGARI DINGYADI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION

(2010) JELR 33746 (SC)

Supreme Court  •  SC.32/2010-(R)  •  4 Jun 2010  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Appearances
L.O. Fagbemi, SAN for the Appellants/Applicants with him;1. Rickey Tarfa, SAN2. Abeni Mohammed3. H. A. Nganjiwa4. A. J. Owonikoko 5. Olusegun Ojotalaawo6. H .O. Afolabi7. K. O. Fagbemi8. Sulaiman Usman9. A. O. Popoola10.Regina Okotie-Eboh (Miss)11.Ejike Ekwenibe12.Deborah Bassi (Miss.) 13.Yemi Ditan14.B. A Oyun15.Akeem Umoru16.Ifeanyi Ugboaja17.Victor Giwa 18.Austin J. Otta For Appellant Yahaya Mahmood for the 1st Respondent/Applicant with him;Vivian BosahChief Wole Olanipekun, SAN for the 1st Respondent/Applicant with him;1. A. F. Afolayan2. Olugbenga Adeyemi Esq.3. Aisha Ali (Miss)4. J.U. AjiiDr. Alex Izinyon, SAN for the 3rd Respondent/Applicant with him;1. B. K. Abu2. Hannatu Abdulrahman (Mrs.) For Respondent

Judgement

I. T. MUHAMMAD, JSC (DELIVERING THE LEADING RULING): The salient facts giving rise to the applications pending before this court are that Governorship Election was held in Sokoto State on the 14th day of April, 2007. The 2nd respondent herein Aliyu Magatakarda Wamakko, who was fielded by the PDP was returned as the winner of the said election having scored the highest number of votes cast. The 1st appellant/applicant, Alhaji Muhammadu Maigari Dingyadi, who had contested the same election as the candidate of the Democratic Peoples Party DPP, scored the second highest number of votes. He was not satisfied with the results of the election and he filed a petition before the Governorship and Legislative Houses Election Tribunal, Sokoto, challenging the declaration and return of the 1st respondent as the winner. The petition was dismissed. There was an appeal by the appellants to the Court of Appeal Kaduna. The appeal was allowed. The election of the 14th day of April, 2007, was nullified. …

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