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ILIYA WILSON YANGYE & ALL PROGRESSIVES CONGRESS (APC) V. HON. ALI KALAT & ORS

(2019) JELR 111017 (CA)

Court of Appeal  •  CA/K/EPT/SHA/28/2019  •  6 Nov 2019  •  Nigeria

Coram
Obietonbara Owupele Daniel-Kalio JCA Oludotun Adebola Adefope-Okojie JCA James Gambo Abundaga JCA

Appearances
IBRAHIM K. BAWA, SAN, with him, SARAFA YUSUF, ESQ., ABDUL MOHAMMED, ESQ., KABIRU MOHAMMED, ESQ., MUKAILA YAHAYA, ESQ and YAHAYA MAVO, ESQ. for the Appellants; S. ATUNG, ESQ with him, A. JOSHUA, ESQ and Z. Z. ADAMU, ESQ. for the 1st and 2nd Respondents; PHILIP OLISE, ESQ. for the 3rd Respondent.

Judgement

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): On the 9th of March, 2019, the Independent National Electoral Commission (INEC) the 3rd respondent in this appeal, conducted an election for the seat of member representing Jama’a State Constituency at the Kaduna State House of Assembly. The 1st appellant Iliya Wilson Yangye was a contestant for the seat on the platform of the 2nd appellant, the All Progressives Congress, (APC). The 1st respondent Hon. Ali Kalat was also a candidate at the election. He contested on the platform of the 2nd respondent, the People’s Democratic Party, (PDP). The 1st appellant lost the election. Being dissatisfied with the result, he and the 2nd appellant on 30/3/19 filed a petition at the National and State Houses of Assembly Election Tribunal, Kaduna (the trial tribunal). The ground of the Petition reads as follows: 

1. The election of the 1st respondent was invalid by reason of non-compliance with the provisions of the Electoral Act,…

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