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ALHAJI M. M. MASKA & ANOR V. ALHAJI Y. IBRAHIM & ORS

(1999) JELR 43883 (CA)

Court of Appeal  •  CA/K/EPLG/23/99  •  12 Mar 1999  •  Nigeria

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

Judgement

ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Local Government Council Election Petition Tribunal of Katsina State holden at Katsina delivered on 15th February. 1999 in which it held, inter alia that the 2nd appellant as well as the 3rd respondent have no locus standi in the election petition; that the 2nd respondent has been proved to be an ex-convict but that the petitioners have not established a link between 2nd respondent and Shehu Umar Maska, the Vice Chairman of 1st respondent; that there is no prayer that the election be nullified so the tribunal cannot give to a party that which he has not asked for and that the only ground of the petition cannot be entertained by the tribunal.

It is against this decision that the appellants have appealed to this court on 5 grounds filed on 22nd February. 1999. The appellant abandoned the 1st ground of appeal in his brief of argument and is accordingly struck out. Out of the surviving 4 grou…

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