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ADAMU MU'AZU MODIBO V. BONI HARUNA & 222 OTHERS

(2003) JELR 53080 (CA)

Court of Appeal  •  CA/J/138/2003  •  8 Oct 2003  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA (Presided) SIMEON OSUJI EKPE JCA JOHN AFOLABI FABIYI JCA (Read the Lead Judgment) WALTER SAMUEL NKANU ONNOGHEN JCA ABUBAKAR ABDULKADIR JEGA JCA

Judgement

FABIYI JCA (Delivering the Lead Judgment): This judgment is in respect of an appeal cum cross-appeal filed on behalf of the appellant and 1st respondent respectively against the ruling delivered by the National Assembly/Governorship and Legislative Houses Election Petition Tribunal for Adamawa State of Nigeria holden at Yola. The ruling was delivered on 9th June, 2003. The appellant as petitioner filed his petition No. EPT/ADS/GOV/ 01/2003 before the Tribunal challenging the return by the 2nd respondent of the 1st respondent as the elected Governor of Adamawa State following the Governorship Elections of 19th April, 2003. Appellant’s application to amend his petition by adding 44th - 223rd respondents as parties was granted by the Tribunal on 14/5/2003. On 12th May, 2003, the 1st respondent filed its memorandum ofconditional appearance. On 26/5/2003, he filed his reply to the petition as well as a notice of preliminary objection. Requisite memorandum of appearance and reply to the…

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