SA'AD MOHAMMED MADOMAWA & ANOR V. ALHAJI DAHIRU ZUBAIRU & ANOR

UMARU ABDULLAHI, J.C.A. (Delivering the Leading Judgment): In the election conducted on 15th March, 1997 for the Chairmanship position in Birnin Magaji Local Government council of Zamfara state, the appellants contested for the post of Chairman and Vice-chairman of the Local Government council. The 1st and 2nd respondents also contested for the same posts in the same Local Government council in the same election under the platform of another political party. (DPN).

The 3rd respondent, who conducted the election declared and returned the appellants as the duly elected Chairman and vice-Chairman of the Council having scored the majority of lawful votes cast at the election.

1st and 2nd respondents were not happy with the development, they filed an election petition before an Election Tribunal alleging the following:-

"a) that the 1st Appellant was at the time of the election not qualified to contest the said election as he was not a citizen of Nigeria

b) that the 2nd Appellant was at th…