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ALH. KASHIM IBRAHIM IMAM & ORS V. SENATOR ALI MODU SHERIFF & ORS

(2004) JELR 45996 (CA)

Court of Appeal  •  CA/J/68/2004  •  24 Jun 2004  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JCA; OLUDADE OLADAPO OBADINA JCA; AMIRU SANUSI JCA; IFEYINWA CECILIA NZEAKO JCA; IKECHI FRANCIS OGBUAGU JCA;

Appearances
Chief Awomolo, A.S. SAN - (with him, Wadani, O. Esq., Sunoma, D.B. Esq., Dlakwa, H. M. Esq., Amuda, J.G. Esq., and Abimbola, AA Esq.) For Appellant Yusuf O. Ali, SAN - (with him, Usman, Y. SAN, Chief Clarke R. Esq., Ikagama, Esq., James, O. B. Esq., Bello, PA Esq., Tatama, U. T. Esq., Adamu, M.A Esq., Eleja, K.K. Esq., Uwais, A T. Esq. and Okoh. J. Esq.) Okupe, A A. Esq. (with him, Zanna, W. Esq.) For Respondent

Judgement

OGBUAGU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision/judgment of the National Assembly/Governorship and Legislative Houses Election Tribunal for Borno State sitting at Maiduguri delivered on 2nd March, 2004 - Coram: Hon. Justice Kulu Aliyu - Chairman, Hon. Justice N.P. Emehelu, Hon. Justice L.M. Bako, Hon. Justice M.O. Oyanna and Hon. Justice I.I. Ejiofor - members.

The facts of the case briefly stated are that the appellants are the petitioners before the Election Tribunal for Borno, State. They jointly filed the petition challenging the election and return of the 1st and 2nd respondents as Governor and Deputy Governor respectively of Borno State in the election to the office of Governor of Borno State which took place on 19th April, 2003.

The 1st and 2nd petitioners/appellants, were candidates sponsored by the 3rd appellant - Peoples Democratic Party (PDP) while the 1st and 2nd respondents, were candidates sponsored by the All Nigeria Peoples Par…

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