CORAM

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THERESA N. ORJI – ABADUA

BABA ALKALI BAABA JUSTICE, COURT OF APPEAL

JOSEPH JEREMIAH UMOREN, JUSTICE, COURT OF APPEAL

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PARTIES

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HASSAN KIRYO YABO PEOPLES DEMOCRATIC PARTY APPELLANTS

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ALTINE SHEHU KAJIJI THE RETURNING OFFICER, YABO/SHAGARI FEDERAL CONSTITUENCY THE ELECTORAL OFFICER, YABO LGA THE ELECTORAL OFFICER, SHAGARI LGA THE PRESIDING OFFICER NAKUZO POLLING STATION THE PRESIDING OFFICER TSAFARI POLLING STATION THE PRESIDING OFFICER RUGAR GAMAU POLLING STATION THE PRESIDING OFFICER GANGAN PRIMARY SCHOOL POLLING STATION THE PRESIDING OFFICER SHIYAR MAHIMI POLLING STATION THE PRESIDING OFFICER BANGA HURDU POLLING STATION THE PRESIDING OFFICER GIDAN AGGIGI POLLING STATION THE PRESIDING OFFICER KAURARE POLLING STATION THE PRESIDING OFFICER SHIYAR DIKKO POLLING STATION THE PRESIDING OFFICER BUGAR YARA/R/DUSTI POLLING STATION THE PRESIDING OFFICER BADIYAWA POLLING STATIONTHE PRESIDING OFFICER OLORO POLLING STATION THE PRESIDING OFFICER ILLELA KAURA-ILLELA DABORE POLLING STATION THE PRESIDING OFFICER GIDAN BAURA POLLING STATION THE PRESIDING OFFICER DOROWA POLLING STATION THE PRESIDING OFFICER GIDAN DANGARA POLLING STATION THE PRESIDING OFFICER KESODE SHIYAR HAKIMI POLLING STATION THE PRESIDING OFFICER B/TUDUN SHIBKAN POLLING STATION THE PRESIDING OFFICER LAFIYAR BATURE POLLING STATION THE PRESIDING OFFICER CHOFAR SHIYAR HAKIMI POLLING STATION THE PRESIDING OFFICER JANZOMO POLLING STATION THE PRESIDING OFFICER KAUKAU KENKURI HAKIMI POLLING STATION THE PRESIDING OFFICER G.S.S SHAGARI POLLING STATION THE PRESIDING OFFICER SHAGARI POLLING STATION THE PRESIDING OFFICER SAGE FILI POLLING STATION THE PRESIDING OFFICER MARAKE POLLING STATION THE PRESIDING OFFICER KAROGA HAKIMI POLLING STATION THE PRESIDING OFFICER KARRAGE YAR GUSAU POLLING STATION THE PRESIDING OFFICER BULAM YAKI/MARINA POLLING STATION THE PRESIDING OFFICER SHIYAR YAMMA POLLING STATION THE PRESIDING OFFICER TOFA POLLING STATION THE PRESIDING OFFICER KALANGU POLLING STATION THE PRESIDING OFFICER RANOW KAKA POLLING STATION THE PRESIDING OFFICER ZAMFARAWA BULANYAKI POLLING STATION THE PRESIDING OFFICER TUNGAR BARKI MODEL PRIMARY SCHOOL POLLING STATION THE PRESIDING OFFICER TAKALMAWA POLLING STATION THE PRESIDING OFFICER BANGA HURDU POLLING STATION THE PRESIDING OFFICER LUNGU SHIYAR HAKIMI POLLING STATION THE PRESIDING OFFICER GANGAN PRIMARY SCHOOL POLLING STATION THE PRESIDING OFFICER YANDUN DAJI POLLING STATION THE PRESIDING OFFICER TUDUN SAMBERU POLLING STATION THE PRESIDING OFFICER SABON GARI/SHIYAR MAGAJI POLLING STATION THE PRESIDING OFFICER GWARGAWA POLLING STATION THE PRESIDING OFFICER SEBERE POLLING STATION THE PRESIDING OFFICER SABO BIRNI G/TUDU POLLING STATION THE PRESIDING OFFICER DARIN GURU POLLING STATION THE PRESIDING OFFICER YANKANARE POLLING STATION THE PRESIDING OFFICER TITEN GALADDU POLLING STATION THE PRESIDING OFFICER BIRNIN BULDI POLLING STATION THE PRESIDING OFFICER GWARGAWO POLLING STATION THE PRESIDING OFFICER B/FAKKO/BABBAN BUNJI/LAMINGUL POLLING STATION THE PRESIDING OFFICER SHIYAR UBANDA WAKI POLLING STATION THE PRESIDING OFFICER SHIYAR HAKIMI BULAGA POLLING STATION THE PRESIDING OFFICER RUGGAR KUMBO POLLING STATION THE PRESIDING OFFICER KAURA TSOHON GIDA POLLING STATION THE PRESIDING OFFICER MAGACIN SARKI POLLING STATION THE PRESIDING OFFICER RUGGAR IYA POLLING STATION THE PRESIDING OFFICER DAGAWA POLLING STATION THE PRESIDING OFFICER SHIYAR YABO POLLING STATION THE PRESIDING OFFICER YAR CERA POLLING STATION THE PRESIDING OFFICER SHIYAR HAKIMI SIRE MUDU ZAMFARAWA POLLING STATION THE PRESIDING OFFICER DAGAWA POLLING STATION THE PRESIDING OFFICER DALIJAN/BIRSAKA/JIRGA POLLING STATION THE PRESIDING OFFICER KANWATARE/BAKIN RUWA/TUDUN LALLE POLLING STATION THE ALL NIGERIAN PEOPLES PARTY RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Petitioner filed a petition against the Respondents at the National Assembly, Governorship and Legislative House Election Tribunal Holden at Sokoto over the House of Representatives seat of Yabo/Shagari Federal Constituency wherein the Respondent was returned elected praying that the purported election be nullified for electoral malpractice. Another petition was filed by the Petitioner’s political party against the Respondents for non-compliance with the Constitution of the Federal Republic of Nigeria 1999 on the grounds that the 1st Respondent did not resign nor retire from this employment as a State Government official which was later consolidated into one petition. After considering the evidence of witnesses and exhibits tendered and admitted, the tribunal in its judgment dismissed the petition and upheld the return of the  1st Respondent as duly elected for the seat of Yabo/ Shagari Federal Constituency. Dissatisfied with this judgment the Petitioner appealed to the Court of Appeal.

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HELD

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Appeal Dismissed

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ISSUES

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Whether the 1st Respondent was qualified to have contested the election.Whether mal-practices and irregularities have been proved which substantially affected the result of the election.Whether the Tribunal was right in not delivering its Judgment in respect of each petition.

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RATIONES DECIDENDI

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ALLEGATION OF ELECTION MALPRACTICE – BURDEN OF PROOF ON ALLEGATION OF ELECTION MALPRACTICE

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“Where a petitioner alleges election mal-practices the law requires the petitioner to prove the mal-practices alleged and to show that such mal-practices have affected the result of the election.” PER ALAGOA JCA

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COURT – DUTY OF A COURT OR TRIBUNAL TO MAKE A CASE FOR THE PARTIES

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“It is settled law that it is not the duty of a court or Tribunal to make a case for the parties but find only on the case of the parties as presented before it.” PER ALAGOA JCA

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CASES CITED

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Ikudi V Aliyu (1992) 3 NWLR part 231 page 615.Ogunbiyi V Ogundipe (1992) 9 NWLR part 263, page 24.Okoroji V Ngwu (1992) 9 NWLR part 263 at page 113.Opia V Ibru (1992) 3 NWLR part 231, page 658.

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria 1999.Electoral Act 2002.Evidence Act 1990.

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