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HON. FAROUK MUSTAPHA v. ALH. BABAYO GARBA GAMAWA & ORS

(2011) JELR 34638 (CA)

Court of Appeal  •  CA/J/EP/SN/130/2011  •  5 Sep 2011  •  Nigeria

Coram
MONICA BOLNA’AN DONGBAN-MENSEM JCA; IBRAHIM MOHAMMED M. SAULAWA JCA; ADAMU JAURO JCA;

Judgement

ADAMU JAURO, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the National and State House of Assembly Election Petition Tribunal, Bauchi State delivered on 7th July, 2011 on petition number NA/SEN/EPT/BAU/06/2011, wherein the said petition was struck out.

The facts culminating in this appeal can be briefly summarized thus:

The appellant as petitioner in the tribunal was a Senatorial candidate for the Action Congress of Nigeria (ACN). The 1st Respondent on the other hand, was sponsored by the 2nd Respondent, Peoples Democratic Party (PDP). The appellant, the 1st Respondent and three other candidate contested the Bauchi North Senatorial District elections held on 9th April 2011 in Bauchi State. Upon the conclusion of the elections the 3rd and 4th Respondents acting on behalf of the 5th Respondent declared and returned the 1st Respondent on 10th April, 2011 as the winner of the election and Senator-elect for Bauchi North Senatorial District.

Distressed a…

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