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ONNOGHEN, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the National Assembly/Governorship and Legislative Houses Election tribunal sitting at Damaturu, Yobe State in Election Petition No. YB/GET/4/03 delivered on 3rd July, 2003, in which the tribunal dismissed the petition of the petitioner/appellant.
The facts of the case are that the petitioner and the 1st respondent , among others contested the April 19 2003 Gubernatorial election into the office of the Governor of Yobe State. While the petitioner contested that election on the political platform of the Peoples Democratic Party (PDP), the 1st respondent did so under that of All Nigerian Peoples Party (ANPP). The other candidates and their scores at the election as declared by the 3rd respondent are as follows:-
(a) Comrade B. Mohammed of the Alliance for Democracy (AD ) 2,484 votes.
(b) Abubakar Mali of the National Conscience Party (NCP) 49 votes
(c) Engr. Y. W. Bello of the National Democratic Pa…