Abubakar Sani Danladi & Anor V. Usman Udi & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment)

The appeal is against the judgment of the Federal High Court, Jalingo delivered on the 6th day of March, 2019 by S. D. Pam J. The 1st ? 4th Respondents took out an Originating Summons before the lower Court against the Appellants and the 5th Respondent as defendants. The following questions were raised for determination by the lower Court thus:

1. ?Whether regard being had to the provisions of Section 31(5) of the Electoral Act 2010 (as amended) the information given by the 1st defendant as to his age in the affidavit in support of his personal particulars in the INEC Form CF001 submitted to the 3rd defendant by him is false when the 1st defendant stated in the affidavit supporting his personal particulars that he was born on 14th January 1968, when the 1st defendant?s date of birth contained in the West African Senior Certificate submitted by him to the 3rd defendant indicates that the 1st defendant was born on 3rd April, 1977.
2. Whether regard being had to the provisions of Section 31(6) of the Electoral Act 2010 (as amended) the 1st defendant is not

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liable to be disqualified by this Honourable Court from contesting election as the candidate of the 2nd defendant in the Governorship Election for Taraba State slated for March 2019, when the information contained in the affidavit in support of the 1st defendant?s particulars in the INEC Form CF001 submitted to the 3rd defendant as to his age is false!?

The following reliefs were thereafter sought:

i) ?A DECLARATION of this Honourable Court that the 1st defendant?s information contained in the affidavit supporting his personal particulars that he was born on 14th February 1968 is in conflict with the 1st defendant?s date of birth contained in the West African Senior Certificate submitted to him by the 3rd defendant which indicates that the 1st defendant was born on 3rd April, 1977.

ii) A DECLARATION of this Honourable Court disqualifying the 1st defendant from contesting election as the candidate of the 2nd defendant in the Governorship Election for Taraba State slated for March, 2019 on the ground that the information contained in the affidavit in support of the 1st defendant?s personal particulars in

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the INEC Form CF001 submitted to the 3rd defendant by him is false.

iii) AN ORDER of this Honourable Court disqualifying the 1st defendant from contesting election as the candidate of the 2nd defendant in the Governorship Election for Taraba State slated for March 2019 on the ground that the information contained in the affidavit in support of the 1st defendant?s personal particulars in the INEC Form CF001.

iv) AN ORDER of this Honourable Court restraining the 3rd defendant from recognizing, accepting or treating the 1st defendant as the candidate of the 2nd defendant in the Governorship Election for Taraba State slated for March, 2019.

v) AN ORDER of this Honourable Court restraining the 2nd defendant from recognizing, holding out or treating the 1st defendant as its candidate in the Governorship Election for Taraba State slated for March, 2019.

vi) AN ORDER of this Honourable Court prohibiting the 1st defendant from parading himself as the candidate of the 2nd defendant in the Governorship Election for Taraba State slated for March, 2019.

vii) AND FOR SUCH FURTHER ORDER(S) as the Hon. Court deem fit to make in the circumstances.”