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THE ELECTORAL OFFICER BICHI FEDERAL CONSTITUENCY & ORS V. RTD. CAPTAIN AHMED HALADU BICHI & ORS

(2010) JELR 46648 (CA)

Court of Appeal  •  CA/K/EP/NA/14/2008  •  11 Feb 2010  •  Nigeria

Coram
MOHAMMED L. GARBA JCA; JOHN INYANG OKORO JCA; THERESA N. ORJI - ABADUA JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A (Delivering the Leading Judgment): This appeal is from the decision of the National Assembly Elections Tribunal (to be named Lower Tribunal after now) sitting at Kano, Kano State delivered on the 15/1/2008 in an election petition No. EP/KNS/HR/29/2007.

The petition filed by the 1st and 2nd Respondents questioned the declaration and return of the 3rd Respondent as the winner of the election conducted by the Appellants for a seat in the Bichi Federal Constituency for the House of Representatives. In its decision, the Lower tribunal upheld the position of the 1st and 2nd Respondents that the 3rd Respondent did not score a majority of lawful votes cast at the election and that the 1st Respondent scored the majority of the valid votes cast. The 1st Respondent was consequently declared and returned by the Lower tribunal as the winner of election in question.

Being aggrieved by that decision, the Appellants filed a Notice of Appeal against same.

In line with the …

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