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JOSEPH NANVEN GARBA V. SILAS JANFA & ORS.

(1999) JELR 47961 (CA)

Court of Appeal  •  CA/J/128/99  •  17 May 1999  •  Nigeria

Coram
DENNIS ONYEJIFE EDOZIE JCA; CHRISTOPHER MITCHELL CHUKWUMAH-ENEH JCA; ISA ABUBAKAR MANGAJI JCA; JAMES OGENYI OGEBE JCA; JOSEPH JEREMIAH UMOREN JCA;

Judgement

EDOZIE, J.C.A: (Delivering the Leading Judgment): The Appellant Joseph Nanven Garba and the 1st Respondent Silas Janfa were respectively candidates for All Peoples Party (APP) and Peoples Democratic Party (PDP) in the election for the Senator representing Plateau South Senatorial District in the National Assembly which election was conducted on 20th day of February, 1999 by the 2nd to 72nd Respondents. The results of the election showed that the 1st Respondent polled 92,970 votes, the Appellant polled 74,971 votes while the Alliance for Democracy (AD) which fielded no candidate had 1,052 votes recorded in its favour. The 1st Respondent having won majority of the votes cast in the said election was duly returned as elected by the Independent National Electoral Commission (INEC) the 4th Respondent.

Aggrieved by the turn of events, the Appellant as Petitioner filed before the National Assembly Election Tribunal sitting in Jos, a petition challenging the result of the election on three gr…

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