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CaseLaw

Sa’eed & Anor Vs. Yakowa (2012) CLR 2(d) (SC)

Judgement delivered on February 8th 2012

Brief

  • Preliminary objection
  • Paragraph 18 (1) of the 1st schedule to the Electoral Act 2010
  • Procedural rules
  • Documentary evidence

Facts

On the 28th of April, 2011, the Independent National Electoral Commission (2nd Respondent) conducted the election into the office of the Governor of Kaduna State. The 1st Respondent Patrick Ibrahim Yakowa contested the said election under the platform and sponsorship of the Peoples Democratic Party. The 1st Appellant on the other hand contested under the platform and sponsorship of Congress for Progressive Change. The 2nd Respondent declared the 1st Respondent the winner with the score of 1,334,319 valid votes; while the 1st Appellant was recorded to have scored 1,133,564 valid votes. The 1st Respondent was following the declaration and return sworn in as the Governor of Kaduna State. The Appellants were not satisfied with the result of the election announced by the 2nd Respondent and therefore filed this petition at the Governorship/Legislative Houses Election Tribunal, Kaduna on or about the 19th May, 2011. The 1st and 2nd Respondents filed their respective replies. The petition then went into trial with the petitioners/Appellants calling 33 witnesses. The 1st Respondent called 7 witnesses, while the 2nd Respondent called no witness. And after the respective final addresses of counsel on behalf of the parties, the trial tribunal gave its considered judgment.

The petitioners were not satisfied with the said judgment and thus proceeded on appeal to the Court below. The appeal was therein dismissed. The Petitioners were still aggrieved by the judgment of the Court below and have come here on further appeal

Issues

  • 1
    Whether it was proper for the Lower Court to have lumped together the...
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