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USMAN S.B. MUSA v. BELLO ALHAJI MOHAMMED GUSUA & Ors

(2003) JELR 44941 (CA)

Court of Appeal  •  CA/A/EP/147/2003  •  8 Dec 2003  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; IBRAHIM TANKO MUHAMMAD JCA; ZAINAB ADAMU BULKACHUWA JCA;

Judgement

I.T, MUHAMMAD, J. C. A. (Delivering the leading judgment): The appellant was a candidate at the April 12th 2003 National Assembly Election for a seat at the House of Representatives for the Kontagora, Wushishi, Mariga and Mashegu Federal Constituency. He contested on the platform of the Peoples Redemption Party (P.R.P) while the 1st respondent contested on the platform of the Peoples Democratic Party (PDP). At the end of the election, the 2nd and 3rd respondents returned the 1st respondent as the member elect for the aforesaid Federal Constituency.

The appellant filed a petition on the 9th day of May, at the National Assembly/Legislative Houses and Governorship Election Tribunal for Niger State, sitting at Minna (the Tribunal) challenging the return of the 1st respondent as duly elected. The petition was premised on the following salient grounds that:-

(a) "1st respondent was not qualified to contest the election of 12th April, 2003 on the ground that he presented forged certificates …

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