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ALH. ABUBAKAR HALILU JIKAM SHI & ANOR ALL NIGERIA PEOPLES PARTY V. DR. GARBA SHEHU MATAZU & ORS PEOPLES DEMOCRATIC PARTY THE INDEPENDENT NATIONAL ELECTORAL COMMISSION THE RESIDENT ELECTORAL COMMISSIONER KATSINA STATE THE RETURNING OFFICER MUSAWA LOCAL GOVERNMENT AREA CENTRE THE RETURNING OFFICER MUTAZU LOCAL GOVERNMENT AREA CENTRE

(2004) JELR 57632 (CA)

Court of Appeal  •  CA/K/EP/NA/25/03  •  26 Mar 2004  •  Nigeria

Coram
DALHATU ADAMU, JCA (Presided) BABA ALKALI BA'ABA, JCA (Read the Lead Judgment) STANLEY SHENKO ALAGOA, JCA

Judgement

BA'ABA, JCA (Delivering the Lead Judgment): In the National Assembly/Governorship and Legislative Houses Election Tribunal, sitting in Katsina State of Nigeria, the appellants brought an election petition on account that the election and return of the 1st respondent be declared null and void as the 1st respondent was not validly elected by the majority of lawful votes as well as an order that the 1st appellant be declared validly elected having polled the highest number of votes cast at the election.

The petition was duly served on all the respondents who accordingly entered their respective appearances. Counsel to both 1st and 2nd as well as counsel for 3rd - 6th respondents put in separate notice of intention to rely on a preliminary objection on behalf of each set of respondents. Each of the notice of intention, on preliminary objection sought for the striking out/dismissal of the petition. It is apt to recite the prayers of the respective respondents in this judgment.

On behalf of…

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