Alhaji Abba Gana Terab V. Maina Ma’aji Lawan & Ors (1992)

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AIKAWA, J.C.A.

The appellant was a candidate for the office of Governor of Borno State at the election that took place in Nigeria on 14th December, 1991. He contested the election on the platform of the National Republican Convention. The 1st respondent was the candidate of the Social Democratic Party at the same election. The 2nd and 3rd respondents were the Resident Electoral Commissioner for Borno State and the National Electoral Commission respectively.

At the conclusion of the election, the 1st respondent was declared the winner by the 2nd and 3rd respondents. It was certified that the 1st respondent scored 285,235 votes as against the appellant’s 272,221 votes.

The appellant who lost at the election in manifestation of his displeasure at the results announced by the 2nd and 3rd respondents presented a petition before the Governorship and Legislative Houses Election Tribunal of Borno State under the Chairmanship of Hon. Wallace Ronald Tislington Macaulay, a retired justice of this court.

In the petition, the appellant prayed for the following reliefs:-

“(a) A declaration that the 1st respondent was not duly elected or returned as the Governor of Borno State.

(b) An order setting aside the declaration of the 1st respondent as the Governor of Borno State by the 2nd and 3rd respondents.

(c) An order for bye-election in all the affected polling stations, wards and local governments particularly the Barna Local Government and all the 20 wards of Maiduguri Metropolitan Council Area.

(d) A declaration that the petitioner was duly returned or elected or ought to have been returned as the Governor of Borno State.

(e) An order, returning the petitioner as the duly elected Governor of Borno State.

IN THE ALTERNATIVE

(a) A declaration that the election of the 1st respondent as the Governor of Borno State during the election held on the 14th day of December, 1991 was null and void as the 1st respondent was a disqualified person.

(b) AND/OR A declaration by numerous irregularities and corrupt practices;

(c) An order that the return of the 1st respondent as the elected Governor of Borno State be set aside.