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MOHAMMED TUKUR V. MARYAM UMAR YAR'ADUA & ORS.

(2011) JELR 34618 (CA)

Court of Appeal  •  CA/K/EP/NA/21/2011  •  21 Nov 2011  •  Nigeria

Coram
AMINA ADAMU-AUGIE JCA ABDU ABOKI JCA THERESA NGOLIKA ORJI-ABADUA JCA

Appearances
J. Abbas-Ibrahim Esq; for the Appellant/Cross-RespondentNapoleon O. Idenala Esq; for the 1st and 2nd Respondents/Cross-Appellants For Appellant A. A. Suleiman Esq; for the 3rd and 4th RespondentsSuleiman Usman Esq; for the 5th Respondent For Respondent

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the leading judgment): In compliance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), the 3rd Respondent conducted an election to the House of Representatives of the Federal Republic of Nigeria for the Katsina Central Federal Constituency on the 9th April, 2011. The record of this appeal indicates that both the 1st Appellant and 1st Respondent were amongst the candidates who contested the election, after which, the 1st Respondent, per Form EC 8E(i), was returned and declared as the winner of the election on that same 9th April, 2011 by the 3rd Respondent. The 1st and 2nd Respondents found the result distasteful and then proceeded to the National and State House of Assembly Election Tribunal For Katsina State, sitting at Katsina, to file an election petition praying for determination of the following:

"(i). That the 1st Respondent was not duly elected by majority of lawful votes cast at the elโ€ฆ

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