Tijjani Sani & Anor V. Haliru Sambo & Ors (1998)

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IBRAHIM TANKO MUHAMMAD, J.C.A. 

The complaint of the petitioners before the Kaduna state Election Tribunal was that the 1st petitioner contested the Chairmanship Election for Ikara Local Government of Kaduna State along with two other candidates. He contested under the banner of the United Nigeria Congress Party (UNCP). At the end of the election, the 1st and 2nd respondents were returned by the 4th respondent as Chairman and Vice Chairman of Ikara Local Government Council respectively. The grounds upon which they rested the petition are as follows:

“A. That the 1st respondent was at the time of the election not qualified to be elected as Chairman of the Ikara Local Government as the said 1st respondent did not lawfully resign his appointment from office as a Civil/Public Servant within the period or manner prescribed by the Civil Service rules and the relevant electoral laws in force.

B. That the 1st respondent was not and is not qualified to contest the election on the ground of being under 35 years of age as stipulated by the relevant electoral laws.

c. That the 2nd respondents (sic) was not qualified to be nominated and elected as vice-Chairman Of the Ikara/Local Government Council Chairman (sic) along with the 1st respondent on the ground of being under the age of 35 years contrary to the relevant election laws.

D. That the 2nd respondent declared a false ages (sic) at various times purporting it to caver up.”

At the end of the petition, the following reliefs were asked:

“1. An order nullifying the election of the 1st and 2nd respondents as Chairman/Vice Chairman of the Ikara Local Government Council of Kaduna State.

2. An oat (sic) declaring that the 1st and 2nd respondents were not competent to contest the election on the ground of being under age and that the 1st respondent did not resign his appointment within the stipulated period.
3. An order declaring the 1st petitioner as the duly elected Chairman of the Ikara Local Government Council alongside his vice and they be sworn to the effect.”

After taking evidence from the parties, the Election Tribunal delivered its decision on the 14th day of July, 1997 in which it declared the 1st and 2nd respondents unqualified to contest for the election as Chairman and Vice-Chairman respectively because they were found to be under aged. The election conducted on 15th March, in respect of Chairman and Vice Chairman for Ikara Local Government was accordingly nullified under section 95(1) of Decree No. 7 of 1997.

Dissatisfied, the 1st and 2nd respondents and the Democratic Party of Nigeria (DPN) (as appellants) appealed to the Kaduna State Election Appeal Tribunal on three grounds. After considering the grounds of appeal and the submission of learned counsel for the respective parties, the Appeal Tribunal dismissed the appeal and affirmed the decision of the Election Tribunal in its entirety.

Dissatisfied further, the appellant filed their petition to the Government for a review. In compliance with section 91(b) of the Local Government (Basic Constitutional and Transitional Provisions) (Amendment) Decree No. 2 of 1998, the Hon. Attorney General of the Federation filed a written brief of argument.

two issues were formulated for our consideration.

They read as follows:

“1. Whether the judgments of the election Tribunal and the elections Appeal tribunal are supported by evidence.