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CaseLaw

Mohammed & Ors. V. HON. Wammako (2017) CLR 7(b) (SC)

Judgement delivered on July 12th 2017

Brief

  • Declaratory relief
  • Concurrent finding of fact
  • Election petition
  • Standard of proof in election matters
  • Burden of proof in election matters
  • Section 31(5) of the Electoral Act 2010
  • Section 135 (1) of the Evidence Act 2004
  • Section 135 (2) of the Evidence Act 2004
  • Section 123 of the Evidence Act 2004
  • Order 2 Rule 9 of the Supreme Court Rules

Facts

The appellant and the first respondent, members of the second respondent, APC, are of the same Kware/Wammako Federal Constituency, Sokoto. The first respondent contested and won election to represent the said Constituency at the House of Representatives, between 2011 - 2015.

At the Court of trial, the appellant entreated it by Originating Summons for declaratory and injunctive reliefs. In sum, his complaint was woven around false declaration as to the acquisition of certificates. Upon a preliminary objection on jurisdiction, the trial Court upheld the objection and struck out the suit for the non-disclosure of reasonable cause of action and for being an abuse of the process of the Court.

The appellant appealed to the Court of Appeal. He, however, did not challenge the ratio decidendi on the question of the absence of reasonable cause of action and the issue of the abuse of the process of the Court. In its judgment, the lower Court upheld the ruling of the trial Court, hence this further appeal to this Court.

Issues

  • 1
    Whether the learned Justices of the Court of Appeal were right and justified...
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