Muhammadu Dangi Juli & Anor V. Alh. Yahaya Moh’d & Ors (1999)

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PATRICK IBE AMAIZU, J.C.A.

The Independent National Electoral Commission-(INEC for short), a body established by the Independent National Electoral Commission Decree, 1998, and charged with the responsibility of organizing elections in the country, held throughout Nigeria on the 5th of December, 1998, elections for Chairmen and Vice Chairmen of Local Government Councils.

In Kebbi State, Muhammadu Dangi Juli and Abubakar Labbo Gwandu (hereinafter referred to as the Appellants) contested the Chairmanship and Vice Chairmanship respectively of Gwandu Local Government Area under the platform of Peoples Democratic party (PDP).

Their opponents Alhaji Yahaya Mohammed and Bala Ahmed Gwandu (hereinafter referred to as the 1st and 2nd respondents) contested on the platform of All Peoples Party (APP). At the end of the election, the 1st and 2nd respondents were returned as duly elected candidates having scored 8,903 votes as against 8,441 votes declared for the Appellants.

The Appellants were dissatisfied with the result. They filed a petition before the Local Government Election Tribunal Kebbi State (hereinafter referred the Tribunal). The Petition was later amended with the leave of the Tribunal. In the said amended petition, the Appellants challenged the return of the 1st and 2nd Respondents as the duly elected Chairman and Vice Chairman of Gwandu Local Government. The grounds on which they made the challenge were among others.

(1) The conducts of the Respondents, particularly the INEC officials who were joined as 3rd to 6th Respondent in the collation, compilation, and the recording of the election results at Filin Kasuwa, Fulani and Damamjoro polling stations of Kambazu robbed the Appellants 266 votes.

(ii) The election’ in Waratin Magaji and Rango polling stations of Ceberu ward was voided by corrupt practices or offences.

(iii) The non compliance with the provisions of Decree No 36 of 1998 affected the result of the election in favour of the 1st and 2nd Respondents.

(iv) Discrepancies in the result of the election in Yalango polling station as recorded by the 3rd to 6th Respondents in forms EC8A and EC8B etc.

The Appellants as a result of the above claimed as follows-

“It may be determined

(i) that the petitioners be credited with the 266 lawful votes it scored in the Kambazu ward and APP be shorn of the 31 votes gratuitously but unlawfully credited to them at the Dodoru ward and Filin Kasuwa polling stations of Kambazu ward.

(ii) that the elections at the Masama ward Yalango and Garken Noma polling stations and Dalijan ward (the eight polling stations) mentioned, Meruda ward, Wararin Magaji of Ceberu ward(Rugardawa polling station) and (sic) be cancelled for flagrant disregard to the provisions and principles of Decree No.36 of 1998, offences against the said Decree and absence of free and fair election.

(iii) That the said Alhaji Yahaya Moh’d and Bala Ahmed Gwandu were not duly elected or returned and that their election was void that the said Muhammadu Dangi Juli and Abubakar Labbo Gwandu were elected and ought to have been returned.”