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MOHAMMED BABA IBAKU & ORS. v. UMAR SAN EBINI & ORS.

(2009) JELR 33161 (CA)

Court of Appeal  •  CA/A/EP/288A/08  •  30 Nov 2009  •  Nigeria

Coram
MARY UKAEGO PETER-ODILI JCA; JIMI OLUKAYODE BADA JCA; ABDU ABOKI JCA;

Judgement

JIMI OLUKAYODE BADA J.C.A. (Delivering the Leading Judgment): This is one of the consolidated appeals against the Judgment of the Governorship and Legislative Houses Election Petition Tribunal sitting at Lafia in the Nasarawa State of Nigeria delivered on the 9th day of September 2008.

Briefly the facts of the case are that on 14th day of April 2007 the 4th Respondent conducted election in Udege/Loko Nasarawa West Constituency in respect of the House of Assembly in Nasarawa State of Nigeria. At the end of the election Patrick O. Ebinny of the Peoples Democratic Party was declared elected by the 4th Respondent. Dissatisfied with the declaration, the 1st and 2nd Respondents brought a petition challenging the result declared by the 4th Respondent, in that the said Patrick Oshagu Ebinny presented a forged certificate to the Independent National Electoral Commission and therefore not qualified to have contested the election.

At the Conclusion of hearing, the Election Petition Tribunal for …

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