HON. BARR. MAJOR STANLEY D. NGADA (RTD) ACCORD PARTY V. HON. JOSHUA ISHAKU SHARA ALL NIGERIA PEOPLES’ PARTY (ANPP) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) THE RETURNING OFFICER, ASKIRA-UBA/ HAWUL FEDERAL CONSTITUENCY, BORNO STATE THE RETURNING OFFICER, ASKIRA UBA LGA, BORNO STATE THE RETURNING OFFICER, HAWUL LGA, BORNO STATE THE PRESIDING OFFICERS OF THE 13 WARDS, ASKIRA UBA LGA, BORNO STATE THE PRESIDING OFFICERS OF THE 12 WARDS, HAWUL LGA, BORNO STATE
(2008) JELR 51017 (CA)
Court of Appeal
•
CA/J/EP/HR/266/2007
•
17 Jul 2008
•
Nigeria
Coram
AHMAD OLAREWAJU BELGORE JCA ABUBAKAR DATTI YAHAYA JCA
Appearances
P.A. Bello Esq. - for the 1st and 2nd Respondents .
-*-
I.A. Kaigama Esq. - for the 3rd - 8th Respondents.
-*-
K. Innocent Esq. - for the Appellant absent - Aware of pendency of appeal as he was in court at last adjourned date 5 March
Judgement
<p><strong> BULKACHUWA JCA(Delivering the Lead Judgment): </strong> The appellant contested the election to the House of Representatives for Askira Uba/ Hawul Federal Constituency of Borno State under theplatform of the Accord Party with amongst others, the 1st respondent who contested under the platform of the All Nigeria Peoples’ Party (ANPP). The 1st respondent was returned as the winner of the election by the 3rd respondent (the body charged with the conduction of the election), having been said to have scored 157,007 of the votes cast as against the votes of 7,191 scored by the appellant. The appellants being dissatisfied with the outcome of the election, filed a petition before the Borno State Governorship and Legislative Houses Election Tribunal holden at Maiduguri and challenged the return of the 1st respondent as duly elected on the following grounds; Elections did not hold within thehours prescribed and scheduled for polls into the House of Representatives, Senate and the Presidential elections…</p>