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BASHAR ISAH DEMOCRATIC PEOPLES’ PARTY (DPP) V. IBRAHIM BAWA KAMBA PEOPLES’ DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESIDENT ELECTORAL COMMISSIONER (KEBBI STATE)

(2008) JELR 55359 (CA)

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

Coram
AMINA ADAMU AUGIE JCA (Presided and Read the Lead Judgment) ABUBAKAR ABDULKADIR JEGA JCA MASSOUD ABDULRAHMAN OREDOLA JCA

Judgement

AUGIE JCA (Delivering the Lead Judgment): Election into the House of Representatives took place on 21 April 2007 in Kebbi State, and the 1st respondent, who had been the candidate of theAll 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 HousesElection Petition Tribunal (hereinafter referred to as the Tribunal), where they prayed that it may be determined: That Ibrahim Bawa who was returned by the 3rd-4th respondents as the Honourable Member elect for the Arewa/

Dandi Federal Constituency at the election held on 21 April 2007 was not duly elected and his election was therefore void.

That the 1st respondent was not qualified to contest the election...under the flag of the 2nd respondent at all.

(iii) That the said election...was charac…

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