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ABDULLAHI I. GARBA V. MUSA S. B. USMAN & ORS.

(2009) JELR 49036 (CA)

Court of Appeal  •  CA/A/EP/17/08  •  9 Jul 2009  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA JIMI OLUWAKAYODE BADA JCA AYOBODE OLUJIMI LOKULO-SODIPE JCA

Judgement

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the National Assembly Governorship and Legislative Houses of Assembly Election Petition Tribunal sitting in Minna, Niger State, delivered on the 6th of December, 2007.

The facts of the petition as told by the Appellant are that the Appellant was validly nominated by the All Nigeria Peoples Party, simply referred to as ANPP, to contest the election held on 21st April, 2007 for the office of Member House of Representatives for Kontagora/Wushishi/Mashegu/Mariga Federal Constituency of Niger State subsequent to the withdrawal of the candidature of the 1st Respondent vide Exhibit P6, but was unlawfully excluded from the election, in that the 2nd and 3rd Respondents refused to substitute his name with that of the 1st Respondent as requested by the ANPP, who was hitherto the 2nd Petitioner at the Tribunal but whose name was later struck out on the 23rd of October, 2007. The complaint of …

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