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ALIYU BELLO M OHAMMED SAMBO DEMOCRATIC PEOPLES’ PARTY (DPP) V. MOHAMMED ADAMU AILERO PEOPLES’ DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESIDENT ELECTORAL COMMISSIONER (KEBBI STATE) RETURNING/COLLATION OFFICER KEBBI CENTRAL SENATORIAL DISTRICT

(2009) JELR 56697 (CA)

Court of Appeal  •  CA/K/EP/NA/42/2007  •  25 Feb 2009  •  Nigeria

Coram
BABA ALKALI BA’ABA JCA (Presided) JOHN INYANG OKORO JCA (Read the Lead Ruling) MASSOUD A. OREDOLA JCA

Appearances
A. J. Owonikoko Esq. (with him, O. Jolaowo Esq. and A.C. Aderemi -*- (Miss)) - for the Appellant/Applicants. B -*- M. U. Ibrahim Esq. - for the 1st and 2nd Respondents. -*- Yahaya Mahmood Esq. (with him, Abbas Masanawa Esq. and Linda Yaro (Miss)) - for the 3rd - 5th Respondents.

Judgement

OKORO JCA (Delivering the Lead Ruling): The appellants/applicantswere petitioners at the National Assembly, Governorship and Legislative Houses Election Petition Tribunal sitting at Birnin Kebbi, Kebbi State, challenging the return of the 1st respondent as Senator representing Kebbi State Central Senatorial District in the Senate of the Federal Republic of Nigeria following the elections held on 21 April 2007. The three groundsupon which the petition was anchored were that:

The 1st respondent was not qualified to contest the election.

The 1st respondent was not validly nominated to contest the election into the Kebbi Central Senatorial seat of Kebbi State.

The election of the 1st respondent was invalid by reason of non-compliance with the provisions of the ElectoralAct, 2006. The 1st appellant/applicant was sponsored by the second appellant/ applicant while the 1st respondent contested on the platform of the 2nd respondent. On 10 October 2007, the tribunal delivered its judgment dismis…

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