ALH. BADAMASI KABIR & ANOR V. ACTION CONGRESS (AC) & ORS.

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment): The Independent National Electoral Commission (INEC) conducted into the House of Representatives Katsina Central Federal Constituency on Saturday 21st April, 2007. ALHAJI BADAMASI KABIR (1st Appellant) contested on the platform of the Peoples Democratic Party (2nd Appellant) while MUSA DAMALE KAITA (1st Respondent but now deceased) did so on the platform of the Action Congress (2nd Respondent). Other candidates were also sponsored by other political parties. They are not parties in this appeal hence I shall not concern myself with their scores. At the end of voting the Independent National Electoral Commission's Officials on the same day declared ALHAJI BADAMASI KABIR of the Peoples Democratic Party as having polled 84,076 votes while late MUSA DAMALE KAITA (deceased) of the Action Congress was credited with 3,916 votes and YUSUF of the All Nigeria Peoples Party Polled 16, 351 votes.

On Monday 21st May, 2007 late MUSA DAMALE a…