ALHAJI ABUBAKAR HABU HASHIDU ALL NIGERIA PEOPLES PARTY V. ALHAJI MOHAMMED DANJUMA GOJE PEOPLES DEMOCRATIC PARTY IND EP END EN T N ATIO N AL ELEC TO RAL COMMISSION RESIDENT ELECTORAL COM M ISSIONER, GOMBE STATE THE RETURNING OFFICER, YAM ALTU DEBA L.G.A. CENTRE THE RETURNING OFFICER, AKKO LOCAL GOVT. AREA CENTRE THE WARD RETURNING OF FICER, DEBA WARD THE WARD RETURNING OFFICER, D/LUBO KANAFA WARD THE WARD RETURNING OFFICER, GWANI/ SHINGA/WADE WARD THE WARD RETURNING OFFICER, HINNA WARD THE WARD RETURNING OFFICER, JAGALI NORTH WARD THE WARD RETURNING OFFICER, JAGALI SOUTH WARD THE WARD RETURNING OFFICER, KANAWA WAJARI WARD THE WARD RETURNING OFFICER, KURI/ LANO/LAM BAM WARD THE WAR D R ETUR N IN G O FF IC ER , KWARDON/LIJI/KURBA WARD THE WARD RETURNING OF FICER, NONO/ KUNUWAL BIRDEKA WARD THE WARD RETURNING OFFICER, ZUMBUK/ KWALI WARD
(2003) JELR 57385 (CA)
Court of Appeal
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CA/J/139/2003
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30 Jul 2003
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Nigeria
Coram
SUNDAY AKINOLA AKINTAN, JCA (Presided)
SIMEON OSUJI EKPE, JCA (Read the Lead Judgment)
JOHN AFOLABI FABIYI, JCA
WALTER SAMUEL NKANU ONNOGHEN, JCA ABUBAKAR ABDULKADIR JEGA, JCA
Appearances
J. B. Daudu, SAN (with him, Aliyu Umar, O. I. Habib, C. Ubale and
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H. Abodu) - for the 1st Appellant .
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E. C. Ukala, SAN (with him, J .M. Lidans, M. S. Rilama, L. C. Okorie and R. Attah - for the 2nd Appellant .
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Olajide Ayodele, SAN (with him, Z. M. Umar, D. M. Mangaji, and Duro) - for the 1st Respondent .
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K. T. Turaki, SAN (with him, Jerry Owe, A. Mallam and A.T. Shehu)
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- for the 2nd Respondent .
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G. Ofodile Okafor, SAN (with him, MusaA. Umubi, C. L. O. Gombe
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State INEC, and R. Ekeh) - for the 3rd to 17th Respondents .
Judgement
EKPE, JCA (Delivering the Lead Judgment): This is an appeal by the petitioners against the judgment of the Governorship and Legislative Houses Election Tribunal Gombe State delivered on the 9th of June, 2003. The judgment was delivered after a full trial in which 17 witnesses testified for the petitioners and also 17 witnesses testified for the respondents in the election petition.
The 1st petitioner was the executive governor of Gombe State and a candidate for Gombe State Governorship elections held on the 19th of April A 2003 throughout this country, Nigeria. He contested the said elections on the platform of All Nigeria Peoples Party (A.N.P.P. for short). The 2nd petitioner A.N.P.P. is one of the 30 duly registered political parties in Nigeria and it nominated the 1st petitioner to contest the said Governorship elections in Gombe State on the platform of A.N.P.P.
The 1st respondent to the petition was also a candidate for the said Gombe State Governorship elections held on the 19th…
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