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AUGIE JCA (Delivering the Lead Judgment): The Sokoto State House of Assembly elections took place on 14 April 2007, and this is an appeal against the decision of the National Assembly, Governorship and Legislative Houses Election Petition Tribunal (hereinafter referred to as the tribunal), to affirm the declaration of the 1st respondent, who had decamped from the All Nigeria Peoples’ Party (ANPP) to the PDP, as winner of the said election, representing Illela Constituency of Sokoto State. Dissatisfied with the outcome of the election, the appellant, who was the candidate of the Democratic Peoples’ Party (DPP) for the same seat, filed a petition at the tribunal wherein he prayed that it may be determined:
a. That the 1st respondent was not qualified to have contested the April 14 House of Assembly Elections for Illela Constituency and the petitioner be declared as the winner having polled the majority of the lawful votes cast at the said election.
b. That the 1st respondent was not dul…