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JAMES ABAWU WATHARDA v. MAINA ULARAMU & ORS

(2014) JELR 36203 (CA)

Court of Appeal  •  CA/YL/74/2013  •  25 Mar 2014  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; JUMMAI HANNATU SANKEY JCA; ADAMU JAURO JCA;

Judgement

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The appeal herein is against the judgment of the Adamawa State High Court of Justice, Yola, delivered on 21st October, 2013 by Hon Justice A. D. Mammadi in Suit No. ADSC/9/2012.

The facts culminating in this appeal can be compressed as follows: The Adamawa State Independent Electoral Commission conducted election for the office of Chairman, Madagali Local Government Council of Adamawa State on 26th November, 2012. The Appellant was returned as the duly elected Chairman of the said Local Government Council under the platform of the Peoples Democratic Party, the third Respondent herein. The 1st Respondent on his part, contended that he was the duly nominated and screened candidate for the Chairmanship election under the Peoples Democratic Party, but was wrongly substituted by the Appellant for the election.

Consequent upon the foregoing, the 1st Respondent as plaintiff by his further amended Originating Summons dated 15th June, 2013…

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