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MOHAMMED LAWAL GARBA J.C.A. (Delivering the Leading Judgment): The Appellant and the 1st Respondent among others, were candidates who contested the election held on the 21/4/2007 at the Faskari/Kankara/Sabuwa Federal Constituency of Katsina State for a seat in the House of Representatives.
The Appellant was sponsored by the All Nigerian Peoples' Party (ANPP) while the 1st Respondent contested the election, conducted by the 3rd Respondent on the platform of the 2nd Respondent. At the end of the election, the 3rd Respondent declared and returned the 1st Respondent as the winner and being dissatisfied with the said return, the Appellant presented an election petition before the Katsina State National Assembly Election Tribunal, sitting at Katsina questioning it (Henceforth to be call the tribunal).
The main ground relied on by the Appellant in support of his petition is contained in paragraph 5 (A) thereof which is as follows:-
"5. (A) The 1st Respondent was, at the time of the election…