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RABIU ABDULMALIK JUDA PEOPLE'S DEMOCRATIC PARTY (PDP) V. HAYATU MUSA DORAWAR SALLAU, ALL PROGRESSIVES CONGRESS (APC) & INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2019) JELR 110948 (CA)

Court of Appeal  •  CA/K/EPT/SHA/35/2019  •  16 Nov 2019  •  Nigeria

Coram
Obietonbara O. Daniel-Kalio Oludotun Adebola Adefope-Okojie James Gambo Abundaga

Appearances
S. S. GAZAWA, ESQ with him, RABIU SADEEQ, ESQ and B. J. NWAYEU, ESQ For the Appellants HABIBU AKILU, ESQ with him, A. B. KURA, ESQ and R. I. YAURA, ESQ - for the 1ST & 2ND RESPONDENTS SYLVESTER OGBELU, ESQ with him, S. I. UGBE, ESQ - for the 3RD RESPONDENT

Judgement

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): On the 9th of March, 2019, the Independent National Electoral Commission conducted an election for the member to represent Kura/Garum Malam Constituency in the Kano State House of Assembly. Among those who contested for the seat were Rabiu Abdulmalik Juda who was the candidate of the People’s Democratic Party PDP and Hayatu Musa DorawarSallau who was the candidate of the All Progressives Congress (APC). When the result of the election was declared, Hayatu Musa Dorawar Sallau was declared the winner of the election. Dissatisfied, Rabiu Abdulmalik Juda and the PDP filed a petition at the National and State Houses of Assembly Election Tribunal, Kano. They were the 1st and 2nd Petitioners, respectively. They sued Hayatu Musa Dorawar Sallau as 1st respondent and the APC as the 2nd respondent. The Independent National Electoral Commission (INEC) was sued as the 3rd respondent. The grounds of the Petition as stated in the…

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