ALI LAWAN V. HON. MAINA YAMA INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) THE RESIDENT ELECTORAL COMMISSIONER, BORNO STATE THE ELECTORAL OFFICER, CHIBOK LOCAL GOVERNMENT AREA, BORNO STATE THE RETURNING OFFICER FOR CHIBOK LOCAL GOVERNMENT HOUSE OF ASSEMBLY ELECTION

MUKHTAR, JCA(Delivering the Lead Judgment): In the election petitionfiled by the respondent in this appeal in the House of Assembly Election Tribunal holden at Maiduguri, the kernel of the petitioner’s complain was the lack of qualification of the appellant to contest the election to Borno State House of Assembly by reason that he was found guilty of contravention of the code of conduct law, contrary to section 107(1) of the Constitution of the Federal Republic of Nigeria, 1999. The particulars of the disqualification as stated in the petition are as follows:

PARTICULARS

That 1st respondent was before the said election, a councillor in Chibok Local Government Council of Borno State from 1999 to 2003.

(2) That forms for declaration of assets were sent to the 1st respondent to be completed within the specified period and returned to the Code of Conduct Bureau, in July 1999. (3) That the 1st respondent failed to declare his assets and return the forms and all efforts made by the Bureau …