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JAMES YAKUBU & ANOR V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2008) JELR 46959 (CA)

Court of Appeal  •  CA/J/EP/HR/22/2008  •  30 Jun 2008  •  Nigeria

Coram
JA' AFARU MIKA'ILU JCA; UZO NDUKWE-ANYANWU JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

UZO NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): The 1st Appellant James Yakubu was the Petitioner in the Lower Tribunal and was sponsored by the 2nd Appellant, Peoples Democratic Party (PDP). The 5th Respondent Samaila Mohammed was sponsored by the 6th Respondent, All Nigeria Peoples Party (ANPP). Both parties contested for the Bassa/Jos North Federal Constituency Seat on 21st April, 2008. At the end of the elections the 5th Respondent was declared winner having scored a total of 84,331 votes and was returned. The 1st Appellant came second with a total of 79,169 votes. The 1st Appellant was dissatisfied with the return of the 5th Respondent and he then presented a petition to the Governorship and Legislative Houses Election Tribunal Holden at Jos, Plateau State. The Appellants challenged the return of the 5th Respondent on two grounds to wit:

(1) Lack of sponsorship and nomination of the 5th Respondent by the 6th Respondent as a candidate (grounds 1 and 2).

(2) Lack of q…

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