African Democratic Congress (Adc) Vs Alhaji Yahaya Bello (2016)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, JSC

On Tuesday, the 20th day of September, 2016, this appeal was heard by the panel listed above. On that date, I adjudged this appeal unmeritorious and it was for dismissing the appeal on Friday, the 30th day of September, 2016. I shall therefore proceed to state the reasons why the appeal was dismissed.

This appeal is against the judgment of the Court of Appeal delivered on 4th August, 2016 in Appeal No. CA/A/EPT/384/2016 which affirmed the decision of the Kogi State Governorship Election Tribunal delivered on the 9th of June, 2016 dismissing the petition filed by the appellant challenging the return of the respondent as the winner of the election conducted on the 21st of November, 2015 and 5th December, 2015 to the office of Governor of Kogi State. A synopsis of the facts leading to this appeal will suffice.

The appellant was one of the twenty-two (22) political parties which fielded candidates for the election into the office of Governor of Kogi State conducted by the Independent National Electoral Commission on 21st The All Progressives Congress, another registered political party sponsored late Prince Abubakar Audu in the Election. The other political party which made a great showing at the election was the Peoples Democratic Party (PDP) with Capt. Idris Ichalla Wada as its candidate.

At the end of the polls of 21st November, 2015, the Independent National Electoral Commission declared it inconclusive because, according to it, the number of registered voters in 91 polling units, infested with electoral malpractices, exceeded the total number of registered voters in the vote margin between the leading party APC and the PDP, its closest rival. Soon after the declaration of the election inconclusive, the candidate of the APC, Prince Abubakar Audu died. The APC notified INEC of his demise on 23rd November, 2015 and requested for his substitution. The Independent supplementary election in the 91 polling units that were tainted with electoral malpractices.

Sequel to the grant, the APC substituted its deceased candidate, Prince Abubakar Audu with the respondent herein. At the end of the supplementary election, INEC added the votes garnered by the APC in the 21st November, 2015 election to those earned by the respondent and declared the respondent the winner of the governorship election having scored majority of lawful votes.

The appellant was piqued by the declaration and return of the respondent as the winner of the election. Consequently, the appellant, on 24th December, 2015, filed a petition at the Election Petition Tribunal. The said petition was later amended.

As would be expected, the respondent joined issues with the appellant by filling a reply wherein he raised who tendered some electoral documents and called one witness i.e. PW1. In his defence, the respondent fielded one witness as PW1 and tendered some electoral documents.

At the end of the trial, both counsel addressed the tribunal. In a considered judgment delivered on the 9th June, 2016, the trial tribunal declared the petition incompetent and dismissed it for lacking in merit.

Appellant was dissatisfied with the decision. Hence, on 22nd June, 2016, it lodged an appeal at the Court of Appeal. On 4th August, 2016, the lower court delivered its judgment dismissing the appeal for being unmeritorious. On 12th August, 2016, the appellant filed a notice of appeal containing twelve grounds of appeal to challenge the said decision. Briefs were filed and exchanged in accordance with the rules of court.

On the 20th of September, 2016 when this appeal was of some salient points in the briefs. In the appellant’s brief settled by its counsel, A. O. Maduabuchi, Esq., leading another, three issues are distilled for the determination of this appeal. The three issues are:-

What is the effect of a court not resolving all the principal issues submitted to it for resolution?

Whether a fact which has been admitted needs any further proof?

Who is a necessary party in any proceedings?