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ISYAKU MAGAJI PEOPLES’ DEMOCRATIC PARTY V. HABIBU SALEH ALL NIGERIA PEOPLES’ PARTY (ANPP) INDEPENDENT NATIONAL ELECTORAL COMMISSION INEC ELECTORAL OFFICER, MINJIBIR CONSTITUENCY AND 29 OTHERS

(2008) JELR 54073 (CA)

Court of Appeal  •  CA/K/EP/SHA/10/2008  •  22 Jul 2008  •  Nigeria

Coram
BABA ALKALI BA’ABA JCA (Presided and Read the Lead Judgment) AMINA ADAMU AUGIE JCA MASSOUD ABDULRAHMAN OREDOLA JCA

Judgement

BA’ABA JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Election Petition Tribunal, holden at Kano, Kano State in petition No. EPT/KNS/HA/24/2007 delivered on 19 January 2008, striking out the petition.

The brief facts of the petition leading to this appeal are as follows: On 14 April 2007, the 1st appellant as a candidate of the 2nd appellant, contested the election to the House of Assembly for Minjibir Constituency, Kano State, while the 1st respondent contested the same election on the platform of the 2nd respondent, theAll Nigeria Peoples’ Party (ANPP). At the conclusion of the said election, the 1st respondentwho scored the highest lawful votes at the election was declared the winner of the election by the 3rd respondent.

The appellants as the petitioners filed a petition dated and filed on 15 May 2007 containing twenty-five paragraphs at pages 1 - 54 of the record challenging the declaration and return of the 1st respondent. The 1st and 2nd respond…

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