ALHAJI USMAN SULE RIRUWAI ALHAJI BAYERO GANO ACTION CONGRESS (AC) V. MALLAM IBRAHIM SHEKARAU ALL NIGERIA PEOPLES’ PARTY (ANPP) INDEPENDENT NATIONAL ELECTORAL COMMISSION RESIDENT ELECTORAL COMMISSIONER, KANO STATE RETURNING OFFICER, AJINGI LOCAL GOVERNMENT RETURNING OFFICER, ALBASU LOCAL GOVERNMENT RETURNING OFFICER, BAGWAI LOCAL GOVERNMENT RETURNING OFFICER BEBEJI LOCAL GOVERNMENT RETURNING OFFICER, BICHI LOCAL GOVERNMENT RETURNING OFFICER BUNKURE LOCAL GOVERNMENT RETURNING OFFICER, DALA LOCAL GOVERNMENT RETURNING OFFICER, DANBATTA LOCAL GOVERNMENT RETURNING OFFICER, DAWAKIN KUDU LOCAL GOVERNMENT RETURNING OFFICER, DOGUWA LOCAL GOVERNMENT RETURNING OFFICER, DAWAKIN TOFA LOCAL GOVERNMENT RETURNING OFFICER, FAGGE LOCAL GOVERNMENT RETURNING OFFICER, GABASAWA LOCAL GOVERNMENT RETURNING OFFICER, GARKO LOCAL GOVERNMENT RETURNING OFFICER, GARUN MALAM LOCAL GOVERNMENT RETURNING OFFICER, GAYA LOCAL GOVERNMENT RETURNING OFFICER, GAZAWA LOCAL GOVERNMENT RETURNING OFFICER, GWALE LOCAL GOVERNMENT RETURNING OFFICER, GWARZO LOCAL GOVERNMENT RETURNING OFFICER, KABO LOCAL GOVERNMENT RETURNING OFFICER, KANO MUNICIPAL LOCAL GOVERNMENT RETURNING OFFICER, KARAYE LOCAL GOVERNMENT RETURNING OFFICER, KIBIYA LOCAL GOVERNMENT RETURNING OFFICER, KIRU LOCAL GOVERNMENT RETURNING OFFICER, KUMBOTSO LOCAL GOVERNMENT RETURNING OFFICER, KUNCHI LOCAL GOVERNMENT RETURNING OFFICER, KURA LOCAL GOVERNMENT RETURNING OFFICER, MADOBI LOCAL GOVERNMENT RETURNING OFFICER, MAKODA LOCAL GOVERNMENT RETURNING OFFICER, MINJIBIR LOCAL GOVERNMENT RETURNING OFFICER, NASSARAWA LOCAL GOVERNMENT RETURNING OFFICER, RANO LOCAL GOVERNMENT RETURNING OFFICER, RIMIN GADO LOCAL GOVERNMENT RETURNING OFFICER, ROGO LOCAL GOVERNMENT RETURNING OFFICER, SHANONO LOCAL GOVERNMENT RETURNING OFFICER, SUMAILA LOCAL GOVERNMENT RETURNING OFFICER, TAKAI LOCAL GOVERNMENT RETURNING OFFICER, TARAUNI LOCAL GOVERNMENT RETURNING OFFICER, TOFA LOCAL GOVERNMENT RETURNING OFFICER, TSANYAWA LOCAL GOVERNMENT RETURNING OFFICER, TUDUN WADA LOCAL GOVERNMENT RETURNING OFFICER, UNGOGO LOCAL GOVERNMENT RETURNING OFFICER, WARAWA LOCAL GOVERNMENT RETURNING OFFICER, WUDIL LOCAL GOVERNMENT
(2008) JELR 56785 (CA)
Court of Appeal
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CA/K/EP/GOV/10/2007
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10 Apr 2008
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Nigeria
Coram
ZAINAB ADAMU BULKACHUWA JCA (Presided) ABDU ABOKI JCA AHMAD OLAREWAJU BELGORE JCA ALI ABUBAKAR BABANDI GUMEL JCA UZO NDUKWE-ANYANWU JCA (Read the Lead Judgment)
Appearances
Salisu Sule Esq. - for the Appellants.
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R.B Daudu (Mrs.) - for the 1st Respondent. H
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S.O. Omoloba (Mrs.) - for the 2nd Respondent.
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Nureini Jimoh Esq. - for the 3rd - 48th Respondents .
Judgement
NDUKWE-ANYANWU JCA (Delivering the Leading Judgment): On 14 April 2007 elections were held throughout Nigeria into the governorship seats of the thirty-six (36) States of the Federation. Seven candidates representing their various political parties contested the governorship seat of Kano State. After the election, the 1st respondent Mallam Ibrahim Shekarau of theAll Nigeria Peoples’Party emerged winner with 671,184 votes. He was therefore returned.
The petitioner sponsored byAction Congress came 3rd with 126,235 votes. The petitioner being dissatisfied with the result of the election filed a petition before the Governorship and Legislative Houses Election Petition,
Tribunal holden at Kano on 14 May 2007 challenging the results and return of the 1st Respondent. The respondents were served with the petition. The 1st and 2nd respondents filed their reply to the petition and the appellant further filed and served their response to the respondents’ reply on 6 June 2007. The facts of this p…