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BASHAR ISAH & ANOR V. IBRAHIM BAWA KAMBA & ORS

(2008) JELR 49468 (CA)

Court of Appeal  •  CA/K/EP/NA/36/07  •  15 Jul 2008  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; ABUBAKAR ABDULKADIR JEGA JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Appearances
Oladipo Tolani, Esq. with A. J. Owonikoko, Esq., O. Jolaoso, Esq. Kabir Momoh, Esq., & A. C. Aderemi (Miss) For Appellant Sam Kargbo Ugochukwu Azubuike, Esq., For Respondent

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): Election into the House of Representatives took place on the 21st of April, 2007 in Kebbi State, and the 1st Respondent, who had been the candidate of the All Nigeria Peoples Party [ANPP] before he decamped and contested the election under the banner of the PDP, was declared as the duly elected Representative for Arewa/Dandi Federal Constituency. Dissatisfied, the Appellants filed a petition at the Kebbi State National Assembly, Governorship and Legislative Houses Election Petition Tribunal (hereinafter referred to as the Tribunal), where they prayed that it may be determined

i) That Ibrahim Bawa who was returned by the 3rd - 4th Respondents as the Hon. Member elect for the Arewa/Dandi Federal Constituency at the election held on 21st April, 2001 was not duly elected and his election is therefore void.

ii) That the 1st Respondent was not qualified to contest the election ... under the flag of the 2nd Respondent or at all.

i…

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