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ALHAJI MAINA WAZIRI PEOPLES’ DEMOCRATIC PARTY (PDP) V. SENATOR MAMMAN B. ALI INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2008) JELR 53712 (CA)

Court of Appeal  •  CA/J/EP/GOV./249/07  •  26 Feb 2008  •  Nigeria

Coram
ISA AYO SALAMI JCA (Presided) RABIU DANLAMI MUHAMMAD JCA JAAFARU MIKA’ILU JCA NWALI SYLVESTER NGWUTA JCA MOHAMMED LAWAL GARBA JCA (Read the Lead Judgment)

Appearances
Akin Olujinmi Esq. SAN (with him, J. Bayesha Esq. SAN, Musa Bello Esq., Yusuf Haido Esq., R. Bayesha Esq., E. Fatogun Esq., and T. Nasim Esq.) - for the Appellants. G Yusuf O. Ali Esq. SAN (with him, A. O. Adelodun Esq. SAN and S. A.Oke Esq, A.O.Esq.(Jnr.), Kola Oladokun and S. O. Balarabe Esq., Wada Ibrahim Esq., and Alex Akojah Esq.) - for the 1st Respondent. -*- Wale Adebayo Esq. (with him, Chuka Ugwu Esq. and Kato Halita Esq.) - for the 2nd Respondent. H

Judgement

GARBA JCA (Delivering the Lead Judgment): Pursuant to paragraph 15(a) of the First Schedule to the 1999 Constitution and section 26 of the Electoral Act, 2006, the 2nd respondent: Independent National Electoral Commission, conducted elections into theoffices of the Governor and Deputy Governor of Yobe State, like other States of the Federation, on 14 April 2007. The 1st appellant and the 1st respondent participated in the election and contested as candidates for the office of the Governor. The 1st appellant was sponsored by the 2nd appellant; the Peoples’ Democratic Party (PDP), while the 1st respondent contested under the banner of the All Nigeria Peoples’ Party (ANPP). At the end of the election, the 2nd respondent declared and returned the 1st respondent as the winner of the said election having scored majority of the lawful votes cast at the election.

The appellants being dissatisfied and aggrieved by the declaration and return of the 1st respondent as the winner of the election,…

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