Ahmed Usman Jalingo V. Rev. Jolly T. Nyame & Ors (1992)

LawGlobal-Hub Lead Judgment Report

NASIR, P.C.A.

As part of the Transition to Civil Rule programme elections were held throughout the Federation on the 14th December, 1991. This was done under the State Government (Basic Constitutional and Transition Provisions) Decree 1991 (1991 No. 50 hereinafter called Decree 50) for the elections of the Governors and members of the Houses of Assembly of the various States. In Taraba State the contest was between Dr. Ahmed Vsman Jalingo of the National Republican Convention and Reverend Jolly T. Nyame of the Social Democratic Party. At the end of election Reverend Jolly T. Nyarne was successful and was so declared by the Resident Commissioner, Professor Pius Sada, acting for and on behalf of the National Electoral Commission.

Dr. Jalingo (hereinafter called the Appellant) being dissatisfied with the result and the declaration of Rev. Jolly T. Nyame as the successful candidate filed an election petition before the Governorship and Legislative Houses Election Tribunal for Taraba State (hereinafter called the Tribunal) established under section 88 of Decree 50. The Tribunal consisted of a chairman and four other members, Dr. Jalingo claimed against Rev. J. T. Nyame, the National Electoral Commission and the Resident Electoral Commissioner for the following Reliefs:

“(i) That the result declared by the third respondent and ratified by the second respondent for Wukari Local Government area of Taraba Sate is invalid, null and void.

(ii) That the election held to the office of the Governor of Taraba State in (a) Zing (b) Karim Lamido (c) Lau (d) Sardauna (e) Gashaka (f) Yorro and (g) Longa Local Government Area be declared invalid null and void.

(iii) That the first respondent did not win by the majority of lawful votes cast at the said election in Taraba State.

(iv) That the election of the first respondent as Governor of Taraba State is invalid null and void.

(v) That your petitioner be duly returned and or declared elected as Governor of Taraba State or

(vi) That a bye election be ordered to the office of the Governor of Taraba State.”

The grounds upon which Dr. Jalingo relied in his petition (paragraph 7 of the Petition) may be summarised as follows:-

(a) That the 1st Respondent was not duly elected by a majority of lawful votes at the said election in that

(a) no election was held at Wukari Local Government Area but nevertheless results were declared.

(b) Originals of Foron EC8A in a number of polling stations were not retained by the third respondent (the Resident Commissioner) and various votes were purportedly returned.

(c) That there were at many poling stations return of 100% voting mostly in favour of the 1st Respondent.