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MAMMAN MUSA & ANOR v. MOHAMMED ABDULLAHI & ORS

(2008) JELR 47558 (CA)

Court of Appeal  •  CA/A/EP/231/07  •  19 Feb 2008  •  Nigeria

Coram
OYEFUNMILOLA OYELOLA ADEKEYE JCA; MARY PETER-ODILI JCA; OYEBISI FOLAYEMI OMOLEYE JCA;

Judgement

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly/Governorship and State House of Assembly Election Petition Tribunal, Niger State holden at Minna. The judgment was delivered on 6/8/2007.

The brief feds of this case are that the 1st Appellant, the candidate of the 2nd Appellant, PDP contested "inter alia "with the 1st Respondent, the candidate of ANPP, the 2nd Respondent the election into the Niger State House of Assembly for the Bosso Local Government Constituency on the 14th day of April, 2007 general elections. The 1st Respondent was declared the winner by the 3rd Respondent, the returning officer and an agent of the 4th Respondent, INEC.

The 1st and 2nd Appellants aggrieved with the outcome of the Said election, filed a petition at the lower Tribunal on the ground that the 1st Respondent was not qualified to participate in the election because he failed to resign his appointment as a public officer w…

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