Alhaji Muhammadu Egba Enagi V. Dr. Musa Inuwa & Ors. (1992)

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MUSDAPHER, J.C.A.

On the 6th of December, 1991, the Federal Military Government promulgated into Law Decree No.50. It is the State Government (Basic Constitutional and Transitional Provisions) Decree 1991 Under this enactment provisions were made for the holding of elections in respect of the governors of all the thirty States of the Federation and the members of the States Houses of Assembly for each State. By virtue of the provisions of the said Decree, the National Electoral Commission (NEC) in the exercise of the powers vested in it by the said Decree No. 50, of 1991 had made preparations and organised elections of the Governors and the members of the legislatures to be held on the 14th day of December, 1991 throughout the Federation of Nigeria. The elections were based on the candidates sponsored by the Social Democratic Party (SDP) and the National Republican Convention (NRC). In Niger State, Alhaji Muhammadu Egba Enagi was the candidate sponsored by the S.D.P. while Dr. Musa Inuwa was the candidate sponsored by the N.R.C.

On the 14th day of December, 1991 the gubernatorial elections were held in Niger State. At the conclusion of the counting and the collation of all the votes scored by each candidate by NEC officials, Dr. Musa Inuwa, the first respondent herein was declared duly elected and returned by the returning Officer – Alhaji Yusuf Nuhu, the 3rd respondent herein.

Being dissatisfied with this declaration and return, Alhaji Muhammadu Egba Enagi, the appellant herein, filed an election petition before the Governorship and Legislative Houses Election Tribunal of Niger State established under the said Decree No. 50 of 1991 challenging the declaration and the return of the 1st respondent. In the petition the appellant joined the 1st respondent, the National Electoral Commission and the third respondent. He prayed the Tribunal for the following reliefs:

WHEREOF:

Your Petitioner prays that it may be determined:

(i) that the 3rd respondent has wrongfully returned the 1st respondent as elected with 288, 674 votes as against the petitioner’s 210, 613 votes.

(ii) that the elections were not conducted in accordance/in compliance with the provisions of Decree 50, 1991.

(iii) that the 1st respondent was not duly returned as Governor-Elect and the petitioner, ought to have been and should be so returned.”

The appellant in his petition relies as the grounds of his petition vide paragraphs 8 and 9 of the petition as follows:-

“8 (a) That the 1st respondent, Dr. Musa Inuwa was, at the time of the election not duly returned as he did not obtain majority of lawful votes at the election held on Saturday, 14th December, 1991.

(b) That your petitioner has the higher number of votes cast at the said election and scored not less than one-third of all the votes cast in each of at least two-thirds of all the Local Government Areas in Niger State.

(c) That there was non-compliance with the Provisions of Decree 50, 1991 in the conduct of the elections.

(d) That the first respondent was not qualified to contest or was disqualified from contesting the election. 1st respondent has not satisfied the requirements of Part III of Decree 50 1991.”