This is an appeal from the judgment of the Kano State High Court presided over by Hon. Justice Shehu Atiku which was delivered on 13th May, 2008 in suit No. K/493/07 dismissing the appellant's suit as plaintiff therein. The appellant's name was initially submitted to the Kano State Independent Electoral Commission after the first party primaries which produced him as the winner. A petition was submitted to the 2nd respondent by aggrieved members of the Party over some anomalies in the said primary election which allegedly held outside the Local Government Area without notice given to all the contestants. The party on the recommendation of the Committee, set up to consider the petition rescheduled a fresh primary election and the 1st respondent emerged the winner the name of the appellant was accordingly substituted with that of the 1st respondent who was screened and cleared by the 3rd respondent. The Chairmanship election for Makoda Local Government which subsequently held on the 17th November, 2007 was eventual won by the 1st respondent who was accordingly sworn-in as the Makoda Local Government Chairman. The appellant contested the legality of the substitution of his name with that of the 1st respondent in the light of paragraph 7 of the schedule to the Electoral Regulations of Kano State 2003.

By an originating summons the appellant sought for determination of the following questions before the trial court:

A declaration that the purported substitution/change of the name of the plaintiff with that of the 1st defendant as the Chairmanship candidate for Makoda Local Government Council Election scheduled for 17th November, 2007, or any other date to which the said election may be postponed, is unlawful and therefore null and void (sic) of no effect.

A declaration that the plaintiff is the All Nigeria Peoples Party chairmanship candidate for the Makoda Local Government Council Election schedule for 17lh November, 2007 or any other date to which the said election may be postponed.

An order directing the 2nd and 3rd respondents not to substitute or change in any manner whatsoever, the name of the plaintiff as the All Nigeria Peoples Party chairmanship candidate for the forthcoming Makoda Local Government Council Election. 4. And for such order or further orders as this court may deem for to make in the circumstance"

After taking arguments from both counsel in the matter, the learned trial Judge in his judgment delivered on 23rd May, 2008, dismissed the appellant's claims. Dissatisfied with the stance of the court below, the appellant filed notice of appeal dated 12th June, 2008.