ENGINEER HANAFI AMINU MOHAMMED V. RESIDENT ELECTORAL COMMISSIONER [KADUNA STATE] & ORS
(2008) JELR 49459 (CA)
Court of Appeal
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CA/K/185/2007
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17 Jul 2008
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Nigeria
Coram
BABA ALKALI BA'ABA JCA;
AMINA ADAMU AUGIE JCA;
MASSOUD ABDULRAHMAN OREDOLA JCA;
Appearances
Murtala A. Yusuf, Esq., For Appellant
Abbas Masanawa, Esq.,A. A. Omuya, (Mrs.)M. T. Mohammed For Respondent
Judgement
<p>AMINA ADAMU AUGIE, J.C.A.: The Appellant, a member of the ANPP (the 3rd Respondent), contested and won the party's primaries as its candidate for the Kaduna State House of Assembly, Ungwan Sanusi, Sabon Gari Constituency, however, by a letter dated 12th February 2007, the party wrote INEC applying to substitute him for the 4th Respondent as its candidate at the election due to be conducted in April 2007. The letter in question is addressed to the Resident Electoral Commissioner, INEC Kaduna State, and it reads -</p><p> "With due respect, I write to inform you that the party had sat along with her candidates for various offices in the State and agreed that following candidates are to be substituted accordingly. These are with their full knowledge and consent they are - (Nine names, listed) S/N Present name Substitution Name Constituency</p><p> (8) Engr. Hanafi Aminu Muhammad Hon. Nasir Abdullahi Ugwan Sanusi Sir, these are our changes, which is without any ill feelโฆ</p>