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DEMOCRATIC PARTY OF NIGERIA & ANOR V. UNITED NIGERIA CONGRESS PARTY (UNCP) & ORS

(1998) JELR 42388 (CA)

Court of Appeal  •  CA/K/EPLG/8/98  •  23 Apr 1998  •  Nigeria

Coram
UMARU ABDULLAHI JCA; JAMES OGENYI OGEBE JCA; ATINUKE OMOBONIKE IGE JCA;

Judgement

JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): The 2nd petitioner and the 2nd respondent contested the Chairmanship election into the Kaduna North Local Government council along with other candidates. The 2nd respondent was declared duly elected when the result of the election was announced. Dissatisfied with the result the 2nd petitioner Abubakar Muazu, one William Maisaje, Alhaja Fati Ahmadu filed separate petitions against the declaration of the 2nd respondent as the chairman, mainly on the ground that he bad not attained the compulsory age of 35 years at the time of the election. The three petitions were consolidated. The petitioners tendered Exhibits P1, P2 and P3 to show that the 2nd respondent was born in 1964. The 2nd respondent tendered a declaration of age certificate. Exh. D1 and called his mother to show that he vas born in 1961. The trial Tribunal held that he was under-aged and nullified his election and returned the 2nd petitioner as duly elected. Dissatiā€¦

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