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MELA AUDU NUNGHE & ANOR V. MANU YUSUF SWA & ORS

(2012) JELR 35220 (CA)

Court of Appeal  •  CA/J/EP/HR/42/2012  •  3 Apr 2012  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; JUMMAI HANNATU SANKEY JCA; PHILOMENA MBUA EKPE JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A (Delivering the Leading Judgment): The Petitioners/Appellants claim to have contested an election into the National Assembly, House of Representatives, seat of the Billiri/Balanga Federal Constituency in Gombe State. The 1st Petitioner was the candidate.

The 2nd Respondent sponsored the 1st Respondent of that election. The election was held on 22nd October, 2011. The result of the election was declared on 23rd October, 2011. The 1st Respondent contested on the platform of the 2nd Respondent the sponsoring party. The 5th-8th Respondents declared the 1st Respondent winner of the electoral contest.

The Petitioners were unhappy with the turn of events and they filed a Petition therefore wherein they request the trial Tribunal to make the following orders in their favour:

''(i) That the 1st Respondent not being a candidate of the 2nd Respondent in the 2nd October, 2011 election was not validly declared as the winner of the said election by the 5th to 8th Resp…

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