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BARRISTER CALEB UBALE ACTION CONGRESS (AC) V. REUBEN UMARU DADIYA PEOPLES’ DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESIDENT ELECTORAL COMMISSIONER, GOMBE STATE THE RETURNING OFFICER, BALANGA SOUTH STATE CONSTITUENCY THE RETURNING OFFICER, BABBAM WARD THE RETURNING OFFICER, DADIYA HILL WARD THE SUPERVISORYPRESIDING OFFICER, BAMBAM WARD THE SUPERVISORYPRESIDING OFFICER, DADIYA HILL WARD

(2008) JELR 57607 (CA)

Court of Appeal  •  CA/J/EP/HA/290/2007  •  18 Feb 2008  •  Nigeria

Coram
JA’AFARU MIKA’ILU JCA (Presided) ALFRED P. EYEWUMI AWALA JCA UZO NDUKWE-ANYANWU JCA (Read the Lead Judgment)

Judgement

NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): The

1st appellant was a candidate in 14 April 2007 general election into the Gombe State House of Assembly for Balanga South Constituency. The 2nd appellant is a registered political party which sponsored the 1st appellant. The 1st respondent was also a candidate for the Balanga State Constituency.

The 2nd respondent sponsored the 1st respondent in that election. The 3rd 9th respondents are INEC and its officials who conducted the election.

The 1st appellant then the petitioner at the lower tribunal stood for election on 14 April 2007. The Balanga State Constituency is made up of 5 (five) wards. Election took place in 3 (three) wards. In the other 2 (two) wards, Bambam and Dadiya, both parties testified that elections did not take place there.

As a result of this, the 3rd respondent postponed the election and held a fresh election in all the wards of the constituency on 28 April 2007.

The petitioner protested and wrote to the 3rd responden…

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