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INEC & ORS V. FAZING & ORS

(2010) JELR 33294 (CA)

Court of Appeal  •  CA/J/EP/HA/38/08  •  6 Jul 2010  •  Nigeria

Coram
BODE RHODES-VIVOUR JCA; UZO NDUKWE-ANYANWU JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

UZO NDUKWE-ANYANWU, J.C.A.(Delivering the Leading Judgement) This is an appeal against the judgment of the Governorship and Legislative Houses Election Tribunal Plateau State holden at Jos. The 1st, 2nd and 3rd Appellants were the 1st, 2nd and 3rd Respondents at the Tribunal. The 1st and 2nd Respondent herein were the Petitioners in the Tribunal. The grounds for the petition were that the 1st petitioner Kargwak Fazing was nominated by the 2nd petitioner Democratic Peoples Party but was unlawfully excluded by the 1st Appellant to contest for election into the Langtang South Constituency of Plateau State on the 14th April, 2007.

The 1st and 2nd Petitioner/Respondents were aggrieved that the name of the 1st Respondent and symbol of the 2nd Respondent were omitted in the ballot paper for the election into the Langtang South Constituency Election held on 14th April, 2007.

At the trial the Tribunal in its considered judgment delivered on the 12th December, 2007 nullified the election for n…

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