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PETER DA’APE & ANOR V. IBRAHIM MUSA & ORS

(2019) JELR 87302 (CA)

Court of Appeal  •  CA/YL/EPT/AD/SHA/201/2019  •  21 Nov 2019  •  Nigeria

Coram
CHIDI NWAOMA UWA ABDULLAHI MAHMUD BAYERO JAMES SHEHU ABIRIYI

Judgement

(DELIVERED BY JAMES SHEHU ABIRIYI, J.C.A.) This appeal is against the judgment delivered on 23rd September, 2019 in the National and State Houses of Assembly Election Petition Tribunal of Adamawa State holden at Yola. At the Tribunal the Appellants were the Petitioners while the Respondents were the Respondents. The Appellants at the Tribunal prayed for the following reliefs:

(1)A declaration that the 1st Respondent was not qualified to contest the election.

(2)A declaration that the return of the 1st Respondent by the 3rd Respondent was null and void.

(3)An order declaring the 1st Appellant duly elected.

(4)An order directing the 3rd Respondent to withdraw the certificate of return issued to the 1st Respondent. The ground upon which the petition was brought is that the return of the 1st Respondent as elected member of Mayo-Belwa State Constituency by the 3rd Respondent is null and void by reason of the fact that the 1st Respondent was not qualified to contest the said election.

The f…

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