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MUHAMMAD ABUBAKAR KABIR V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2023) JELR 110143 (CA)

Court of Appeal  •  CA/KN/08/2023  •  10 Feb 2023  •  Nigeria

Coram
Ita George Mbaba JCA Boloukuromo Moses Ugo JCA Usman Alhaji Musale JCA

Appearances
UBONG UDOSEN, ESQ. with him, J. M. ESSIET, ESQ. for the Appellant; UMARU YUNUSA, ESQ. with, RABIU SAIDU, ESQ. for the 1st Respondent; UMAR ISA SULAIMAN, ESQ. for the 2nd Respondent; B.F. FOLORUNSHO, ESQ. for the 3rd Respondent.

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant filed this appeal on 4th January, 2023, against the judgment of the Federal High Court, Kano, in Suit No. FHC/KN/CS/207/2022, delivered on 23rd December, 2022 by Hon. Justice M.N. Yunusa, wherein the learned trial Court granted the reliefs sought, in part, but ordered for the conduct of fresh primary election, within 14 days, to select candidate for the 3rd Respondent for Kano Municipal State Constituency seat of the House of Assembly, Kano State, for the 2023 General Election. 

At the trial Court, Appellant, as Plaintiff, had filed a Pre-election suit, challenging the declaration of the 2nd Respondent as the flagbearer of the 3rd Respondent for the State House of Assembly election, representing Kano Municipal State Constituency, in the forthcoming 2023 general elections. Appellant had obtained form, filled same, was screened and cleared to contest the primary election. He said that on the date fixed for the primary …

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