AHMED TSOHO & ANOR V. IBRAHIM M. YAHAYA & ORS

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): Elections into State legislature were conducted nationwide simultaneously with that of the governorship on the 9th day of January, 1999. 1st appellant as 1st petitioner at the tribunal below, contested for the membership of Kaduna State House of Assembly representing Eubau Constituency.

He was fielded by the Peoples Democratic Patty (PDP) 2nd appellant. The 1st respondent herein contested along with him. 1st respondent was fielded by the All Peoples Party (APP). At the end of the elections the 6th respondent returned the 1st respondent as the duly elected representative with 49,913 votes as against the 30,607 votes scored by the 1st appellant.

Dissatisfied with the election results, the appellants filed their petition to the Governorship and Legislative House Election Tribunal for Kaduna State. In the petition, the appellants alleged that:

"(a) The 1st respondent was at time of the election not qualified to contest and/or to be elec…