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HON. BARAMBU UMARU KAWUWA & ANOR V. PEOPLES DEMOCRATIC PARTY & ORS

(2016) JELR 34222 (CA)

Court of Appeal  •  CA/YL/EPT/GMB/HR/76/2015(R)  •  5 Feb 2016  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Appearances
Garba Shehu, Esq. with him, A. Aminu, Esq. V. I. Bobo, Esq. and M. Hammana, Esq. For Appellant L. A. Haruna, Esq. for 1st and 2nd Respondents.M. U. Sabo, Esq. holding the brief of Nenford Kundum, Esq. for 3rd Respondent. For Respondent

Judgement

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Lead Ruling): As part of the General Elections held in Nigeria in 2015, the 3rd Respondent, Independent Electoral Commission (INEC) conducted Elections into the Akko Federal Constituency of Gombe State into the Federal House of Representatives, Abuja on 28/3/2015. At the conclusion of the exercise the 3rd Respondent declared the 1st Applicant as the winner of the said Election. The 1st and 2nd Respondents by an Election Petition No: EPT/GMB/HR/4/2015: Peoples Democratic Party and Anor V. Hon Barambu Umaru Kawuwa and Ors filed on 18/4/2015 before the National and State House of Assembly Election Tribunal Gombe unsuccessfully challenged the validity of the return of the 1st Applicant, which judgment dismissing the Election Petition filed by the 1st and 2nd Respondents was delivered on 15/9/2015.

?The 1st and 2nd Respondents had by an appeal filed on 22/9/2015, successfully challenged and won partly the appeal against the judgment of the …

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