Joseph Nanven Garba V. Silas Janfa & Ors. (1999)

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EDOZIE, J.C.A.

The Appellant Joseph Nanven Garba and the 1st Respondent Silas Janfa were respectively candidates for All Peoples Party (APP) and Peoples Democratic Party (PDP) in the election for the Senator representing Plateau South Senatorial District in the National Assembly which election was conducted on 20th day of February, 1999 by the 2nd to 72nd Respondents. The results of the election showed that the 1st Respondent polled 92,970 votes, the Appellant polled 74,971 votes while the Alliance for Democracy (AD) which fielded no candidate had 1,052 votes recorded in its favour. The 1st Respondent having won majority of the votes cast in the said election was duly returned as elected by the Independent National Electoral Commission (INEC) the 4th Respondent.

Aggrieved by the turn of events, the Appellant as Petitioner filed before the National Assembly Election Tribunal sitting in Jos, a petition challenging the result of the election on three grounds which as set out in paragraph 5 of the petition read as follows:

“(5) And your petitioner states that the 1st Respondent was not validly returned as the person elected because:

(1) The election was voided by corrupt practices and offences and there was substantial non-compliance with the provisions of the electoral Decree guiding the election.

(2) And your petitioner states that the 1st Respondent was not qualified to or was disqualified from contesting the election for the Plateau South Senatorial District not having been registered to vote or as a voter in the said Plateau South Senatorial District or constituency which he wants to represent.

(8) The 1st Respondent was not duly elected by a majority of valid votes cast at the election,”

After pleading elaborately the facts upon which the petitioner relies, he sought in paragraph 7 of the petition, the following reliefs:

“Wherefore your petitioner prays that it be determined that by a majority of lawful votes cast at the election for the Senator to represent Plateau South Senatorial District and (sic) his election be cancelled while your petitioner be declared duly elected by a majority of lawful votes at the said election and he be duly returned.

In the alternative your petitioner prays that it be determined that there were electoral malpractices that fundamentally affected the results of the said election in Quan – Pan, Wase and Shendam Local Government Areas of Plateau South Senatorial District and the said elections be cancelled and the 2nd, 3rd and 4th Respondents be ordered to conduct fresh elections in those Local Government Areas.”

In opposition to the petition, the 1st Respondent on the one hand and the 2nd to 72nd Respondents on the other filed their replies in answer to the petition.

In the course of the trial that ensued during which several relevant documents were tendered and admitted in evidence by consent, the Appellant testified as PW 1 after which he called two other witncsses”PW2 and PW3. Thereafter the 1st Respondent elected not to give oral evidence but relied on his voters card Exhibit 40. The 2nd to 2nd Respondents called two witnesses D.W.1 and D.W.2 to testify on their behalf. After final addresses of counsel for all the parties, the five – member Tribunal in a unanimous decision delivered on 21st April dismissed the petition. It is against that decision that the Appellant by a Notice of Appeal dated 27th April, 1999 filed the same day his lodged the instant appeal based on four grounds of appeal which without their particulars read as follows:

“(1) The decision is against the weight of evidence.

(2) The Tribunal erred in law when it held that.