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DEMOCRATIC PEOPLES PARTY & ANOR V. THE INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2008) JELR 47027 (CA)

Court of Appeal  •  CA/J/EP/HA/416/2007  •  3 Jun 2008  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; ALFRED P. EYEWUMI AWALA JCA; UZO NDUKWE-ANYANWU JCA;

Judgement

ALFRED P. EYEWUMI AWALA, J.C.A. (Delivering the Leading Judgment): The 2nd Appellant as candidate sponsored by the 1st Appellant contested a rescheduled election held on 28/4/07 instead of it being part of the general election held nationwide on 14/4/07 for a seat in the Plateau State House of Assembly representing Langtang North Constituency. The rescheduled election was necessitated to accommodate the Appellants as the ballot papers provided by the 3rd Respondent for the 14/4/07 election excluded the name and logo of the 1st Appellant as required by the Electoral Act, 2006.

The 4th Respondent equally contested the rescheduled election of 28/4/08 on the platform of the People Democratic Party (PDP) not joined as a party in this Appeal. At the end of the collation of the election results the 4th Respondent was returned elected with a total of 7,308 votes while the 2nd votes. Appellant came second with a total of 6,348 votes.

Aggrieved by the election result as declared, the Appellants…

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