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PEOPLES DEMOCRATIC PARTY (PDP) V. ABUBAKAR YAHAYA KUSADA & 3 ORS

(2023) JELR 111490 (CA)

Court of Appeal  •  CA/K/EP/HR/KT/31/2023  •  2 Nov 2023  •  Nigeria

Coram
MOORE A. A. ADUMEIN, JCA IBRAHIM W. JAURO, JCA SAMUEL ADEMOLA BOLA, JCA

Appearances
M.A. Magaji SAN with O. Edeze Esq., Efut Okoi Esq., U. Medugu (Miss)Esq. C. ljon Esq., M. M, Ahuta Olaniyi Anjorin for the Appellant; Nurem Jimoh (SAN) Esq., with A. Ahmad Esq., Mayaki Esq, R. S. Andarai for the 1st Respondent; J. Usman SAN with Ejiaka Kadiri Esq. for the 2nd Respondent; C. O. Ogbu Esq., with U.I. Ujah Esq., A.O. Philip Esq., U.I. Ujah Esq., N. U. Usman for the 2nd Respondent; A. K. Maude for the 3rd Respondent; Y. M. Abdullahi SAN with O. Adaja Esq., A. M. Adoyi for the 4th Respondent.

Judgement

SAMUEL ADEMOLA BOLA, JCA (Delivering the Leading Judgment): This appeal stems from the judgment of the National and State House of Assembly Election petition Tribunal holden at Katsina, Katsina State delivered on 8th day of September 2023 in petition No EPT/KT/HR/08/2223 wherein judgment was delivered in favour of the 1st and 2nd Respondents to the effect that 4th Respondent Dalha Ismail Kusada having presented a forged certificate to the 3rd Respondent (INEC) was not qualified to contest the election and the 1st Respondent who came second as required by law.

Displeased with the decision of the Tribunal, the Appellant 21 day filed a Notice of Appeal on 21st day of September 2023. The Record of Appeal was compiled and transmitted to this court.

The Appellant's Brief of Argument settled by Efit Okoi Esq. was filed on 4th October 2023. The 1st Respondent Brief of Argument settled by Mas'ud Alabelewe Esq. was filed on 9th day of October 2023. The 2nd Respondent Brief of Argument filed on…

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