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HARUNA A. HARUNA v. MALLAM UMARU MAGAJI & ANOR

(1999) JELR 43844 (CA)

Court of Appeal  •  CA/K/EPSA/1/99  •  7 Apr 1999  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; PATRICK IBE AMAIZU JCA;

Judgement

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The appellant herein. Haruna A. Haruna, was the petitioner at the Governorship and Legislation Houses Election Tribunal holden at Birnin Kebbi.

The appellant was sponsored by the Peoples Democratic Party (PDP) to contest for election as member representing Jega Constituency in the Kebbi State House of Assembly at the election held nationwide on 9th January. 1999. The opponent or the appellant. Mallam Umaru Magaji, for the same elective position was sponsored by the All Peoples Party (APP).

After the collation and counting at the close of the election, the Independent National Electoral commission (INEC) through the returning officer 2nd respondent returned the 1st respondent herein as duly elected member of the Kebbi State House of Assembly by a majority of 11.7.15 votes. The appellant was credited with the next highest votes of 7,497.

The appellant herein promptly filed an election petition challenging the return of the 1st…

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