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HON. (MAJOR) SATTY W. GOGWIM V. HON. ZAINAB G. ABDULMALIK & ORS

(2008) JELR 46960 (CA)

Court of Appeal  •  CA/J/EP/SN/39/2008  •  16 Jun 2008  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; UZO NDUKWE-ANYANWU JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

UZO NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): On 21st April, 2007, elections were held throughout the country into the senate. The Appellant was sponsored by Action Congress (AC) to contest for the Plateau Central Senatorial District, whilst the 1st Respondent was sponsored by Democratic Peoples Party (DPP) to contest for the same seat. After the election the Appellant was declared winner with 174,632 votes and was returned. The 1st Respondent was accorded 51 votes even though her party's name and logo did not appear in the ballot papers.

The Petitioner/1st Respondent filed a Petition No. PL/NA/EPT/SN/1/2007 in the Election Tribunal and prayed for the following reliefs:

(1) "WHEREOF your Petitioner prays that it may be determined that the 2nd Respondent was not dully elected was null and void contrary to Section 145 (1) (C) Electoral Act 2006.

(2) An order that the election conducted on 21st April, 2007 in respect of Plateau Central Senatorial District be set aside for…

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