GAMBO MAINASARA V. SHEHU INUWA IMAM INDEPENDENT NATIONAL ELECTORAL COMMISSION RESIDENT ELECTORAL COMMISSIONER, KATSINA STATE THE RETURNING OFFICER, FASKARI/SABUWA FEDERAL CONSTITUENCY

GARBA JCA (Delivering the Lead Judgment): The appellant had presented an election petition before the National Assembly Elections Tribunal, sitting at Katsina, questioning the return of the 1st respondent as the winner of the election held on 21 January 2007 for a seat in the House of Representatives at the Faskari/Kankara/Sabuwa Federal Constituency of Katsina State. The two grounds upon which the petition was premised were set at paragraph 5(A) and 5(B) of the petition presented and filed on 21 May 2007. They are as follows: “5(A) That he was validly nominated as the candidate of the Democratic Peoples’ Party (D.P.P.) for the above election but he was unlawfully excluded from the above election. 5(B) In the alternative to 5(A), the election was not in compliance with the provisions of the ElectoralAct, 2006”.

The appellant had averred that he was validly nominated for the election by the Democratic People Party (D.P.P.) while the 1st respondent was sponsored by the Peoples Democrat…