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BARRISTER EMMANUEL BAKO KANTIOK ACTION CONGRESS (A.C.) V. KANTIOK IRMIYA ISHAKU PEOPLES’ DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSION (I.N.E.C.) THE RETURNING OFFICER ZONKAWA STATE CONSTITUENCY

(2008) JELR 53859 (CA)

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

Coram
AMINA ADAMU AUGIE JCA (Presided) ABUBAKAR ABDULKADIR JEGA JCA (Read the Lead Judgment) MASSOUD ABDULRAHMAN OREDOLA JCA

Appearances
Mr. G. A. Alley - for the Appellants. -*- Mrs. S.O. Omoloba (with him, Mrs. S.A. Akani, Mr. E Mukaddas, Mr. I.M. Mamu and O.A. Atokpa) - for the 1st and 2nd Respondents. -*- Mr. M. I. Komolafe - for the 3rd to 4th Respondents.

Judgement
<p><strong> JEGA JCA (Delivering the Lead Judgment): </strong> In this appeal, the appellant, Barrister Emmanuel Bako Kantiok, presented petition No. EPT/</p><p>KD/HA/003/2007 before the Governorship and Legislative Houses Election Tribunal Kaduna on 10 May 2007. 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 1st 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 July 2007. The petition was served on the 3rd and 4th respondents on 15 May 2007 and 16 May 2007, respectively, but they did not enter appearance within time and, therefore, had twenty-one …</p>

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