AMINA ADAMU AUGIE, J.C.A.: (Delivering the Leading Judgment): The 1st Appellant was the candidate of the 2nd Appellant at the election to Membership of the Kaduna State House of Assembly for Magajin Gari Constituency of Birnin Gwari Local Government, held on 14th April 2007.
The 1st Respondent, who was the candidate of the 2nd Respondent at the said election, was returned as the duly elected Member representing the said Constituency. Dissatisfied with the outcome of the election, the Appellants filed a Petition at the Tribunal wherein they prayed for-
1. A DECLARATION that the 1st Respondent having not validly retired/disengaged from his employment in the public service at least 30 days before the date of the election on 14th day of April 2007, is disqualified from contesting election as a member of Kaduna State House of Assembly representing Magajin Gari Constituency, Birnin Gwari Local Government.
2. AN ORDER setting aside the declaration of the 1st Respondent as the winner of the …