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ALHAJI IBRAHIM SAIDU MALUMFASHI V. ALHAJI USMAN YABA & ORS

(1999) JELR 43882 (CA)

Court of Appeal  •  CA/K/EPLG/24/99  •  15 Mar 1999  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; PATRICK IBE AMAIZU JCA; WALTER SAMUEL NKANU ONNOGHEN JCA;

Judgement

ROWLAND, J.C.A. (Delivering the Leading Judgment): The petitioner now appellant and the 1st respondent were candidates at the Local Government Council Election, Malumfashi Constituency held on the 5th day of December, 1998. They contested for the chairmanship seat variously under the platform of the Peoples Democratic Party (hereinafter called "the PDP") and All Peoples Party (hereinafter called "the APP") respectively. Consequent to the said election, the 1st respondent Alhaji Usman Umar Yaba was declared as having scored 16,931 votes and that the petitioner received a total of 15,567 votes and the 1st respondent was declared to be duly elected. The appellant being dissatisfied with that declaration filed an Election Petition on the 18th day of December. 1998, in the Local Government Council Election Tribunal Katsina State holden at Katsina, upon the grounds that the 1st respondent was not duly elected by majority of valid votes cast at the election.

The appellant further averred th…

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