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BARRISTER EMMANUEL BAKO KANTIOK & Anors. v. KANTIOK IRIYA ISHAKU & Ors

(2008) JELR 37347 (CA)

Court of Appeal  •  CA/K/EP/SHA/9/07  •  15 Jul 2008  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; ABUBAKAR ABDULKADIR JEGA JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Judgement

ABUBAKAR ABDULKADIR JEGA J. C. A. (Delivering the leading judgment): In this appeal, the Appellant Barr Emmanuel Bako Kantiok presented Petition No. EPT/KD/H/003/2007 before the Governorship and Legislative Houses Election Tribunal kaduna on the 10/5/07. The petition has two grounds which are stated as follows:-

"(I) That the 1st Respondent was at the time of the election, not qualified to contest the election; and

(II) That the 181 Respondent was not duly elected by majority of lawful votes cast at the election."

The grounds of the petition are based on Section 106(d) of the 1999 Constitution and section 145(1) (a) and (c) of the Electoral Act, 2006.

The 1st and 2nd Respondents did not enter appearance or file their Reply to the petition within time and they were shut out by the Ruling of the Tribunal delivered on 9/7/07. The petition was served on the 3rd and 4th respondents on 15/05/2007 and 16/05/07 respectively but they did not enter appearance within time and therefore had 21 da…

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