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GARBA MOH'D TAMBARI v. YUSUF M. S. BANGO & ORS

(1999) JELR 43847 (CA)

Court of Appeal  •  CA/K/EPSA/3/99  •  15 Apr 1999  •  Nigeria

Coram
RABIU DANLAMI MUHAMMIAD JCA; IBRAHIM TANKO MUHAMMAD JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA;

Judgement

OMAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Governorship and Legislative Houses Election Tribunal, sitting in Gusau Zamfara State. The decision is on the Zamfara State House of Assembly election which took place on 9th day of January, 1999. At the close of the election, that 1st respondent was declared the winner because he scored 4,438 votes and the petitioner at the lower tribunal scored 4,256 votes. In the petition the petitioner has alleged:

(i) That the election of the 1st respondent was vitiated by corrupt practices.

(ii) That the 1st respondent was not duly elected by majority of lawful votes.

(iii) That the result of the election was substantially affected by serious electoral malpractices bordering on inflation of votes, use of fake ballot papers falsification of result and mutilation of voting materials in some named polling units.

The 1st respondent at the lower tribunal denied the averments of the petitioner and called six…

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