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ALHAJI ABBA GANA TERAB V. MAINA MA'AJI LAWAN & ORS

(1992) JELR 43166 (CA)

Court of Appeal  •  CA/J/P/55/92  •  31 Mar 1992  •  Nigeria

Coram
SANI SALITH AIKAWA JCA; UMARU ABDULLAHI JCA; ALLOYSIUS IYORGYER KATSINA-ALU JCA; GEORGE ADESOLA OGUNTADE JCA; OBINNAYA ANUNOBI OKEZIE JCA;

Appearances
Chief Sobo Sowemimo, SAN (with him, C.T. Uba, M. Monguno and Lanre Olayinka) For Appellant Chief G.O.K. Ajayi, SAN (with him, I. Filani, S. Akinyele, O. Wadsani, A.A. Oriola, Z.D. Mustafa, M.U. Kumalia, M.T. Monguno, A,N, Kura, A.M. Monguno, B.U. Mustafa and N, Zana) Mrs. Nggilari Attorney-General, Borno State, (with her, Mrs P.H. Ngada, Director Civil Litigation, S. Dauda, Senior State Counsel and M. Famani, State Counsel For Respondent

Judgement

AIKAWA, J.C.A. (Delivering the Leading Judgment): The appellant was a candidate for the office of Governor of Borno State at the election that took place in Nigeria on 14th December, 1991. He contested the election on the platform of the National Republican Convention. The 1st respondent was the candidate of the Social Democratic Party at the same election. The 2nd and 3rd respondents were the Resident Electoral Commissioner for Borno State and the National Electoral Commission respectively.

At the conclusion of the election, the 1st respondent was declared the winner by the 2nd and 3rd respondents. It was certified that the 1st respondent scored 285,235 votes as against the appellant's 272,221 votes.

The appellant who lost at the election in manifestation of his displeasure at the results announced by the 2nd and 3rd respondents presented a petition before the Governorship and Legislative Houses Election Tribunal of Borno State under the Chairmanship of Hon. Wallace Ronald Tislington…

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