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BARR. IBRAHIM SHEHU SHEMA V. HON. AMINU BELLO MASARI & ORS

(2011) JELR 34642 (CA)

Court of Appeal  •  CA/K/EPT/GOV/9/2011  •  14 Oct 2011  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; ABDU ABOKI JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Appearances
Chief Wole Olanipekun (SAN) with Uyi Igunma, Esq., Napoleon Idenali, Esq., Ayo Adesanmi, Esq., and A. Abdulkadir, Esq. For Appellant Mr. James Ocholi (SAN) with Uye Ogedegbe, Esq., A. S Yerima, Esq., and George Ibrahim, Esq. For the 1st RespondentM. O. Obhahinmejele, Esq., with A.I.T. Adams, Esq. For the 2nd, 4th and 5th RespondentsM. I. Abubakar, Esq. for the 3rd RespondentHassam Yusuf, Esq. With Muktar U. Abdullahi, Esq. For the 6th Respondent For Respondent

Judgement

AMINA ADAMU AUGIE, J.C.A (Delivering the Leading Judgment): Dissatisfied with the declaration and return of the Appellant as the duly elected Governor of Katsina State, the 1st Respondent filed a Petition at the Katsina State Governorship Election Tribunal, wherein he prayed for-

1. A DECLARATION that INEC failed to provide a level playing field between the competing contestants in the conduct of the election to the seat of Governorship of Katsina State held on 26th April 2011. Consequently, the election and return of the Appellant herein is null and void.

2. A DECLARATION that the Appellant did not sore majority of the lawful votes cast at the election ... neither did he score the required 25% of votes of 2/3 of the Local Government Areas (LGAs) in Katsina State. Consequently, he was not entitled to a return or a declaration as a winner of the said election.

3. An Order declaring the return and declaration made - - in favour of the Appellant as the winner of the election unlawful, uā€¦

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