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EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Hon. Justice H. Y. Mshelia of the High Court of Justice Maiduguri, Borno State delivered on 10th June, 2019 in suit No. BOHC/MG/CV/57/18. The facts that culminated into this appeal is that the Respondents instituted an action against the Appellants at the lower Court for a declaration nullifying the election conducted on 9th June, 2018 into the executive offices of the 9th Appellant as the Respondents challenged the election on the ground that same was conducted by the 7th and 8th Appellants contrary to the provisions of the Constitution of the 9th Appellant. The lower Court in the 5 page judgment found on pages 102-107 of the record specifically at page 106 held in favour of the Claimant/Respondent thus:
“When an action is a nullity, conduct of parties in participating in the action cannot make it legal. It is a nullity and void ab initio. The submission of the Defendants on this point is me…