BA’ABA JCA (Delivering the Lead Judgment): On 21 April 2007,
Senatorial election to the Katsina Central Senatorial District was conducted by the 2nd respondent in this appeal in which the appellant contested the said election on the platform of the All Nigeria Peoples’Party (ANPP) while the 1st respondent was sponsored by the Peoples’ Democratic Party (PDP). At the conclusion of the said election, the 1st respondent who scored 522,833 votes was declared the winner of the said election having scored the majority of lawful votes cast at the election.
By a petition filed on 16 May 2007, the petitioner/appellant challenged the return of the 1st respondent, who is also the 1st respondent in this appeal, as the elected Senator for the Katsina Central Senatorial District at the general election. The main ground in the petition was the qualification of the 1st respondent to contest the election as at the time of the election, the 1st respondent was not qualified to contest the election, relyi…