Alhaji Abdulahi Aminu Tafida V. Alhaji Attahiru Dalhatu Bafarawa & Ors (1999)

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MUHAMMAD, J.C.A.

The appellant was the petitioner at the Sokoto State House of Assembly and Gubernatorial Election Tribunal (hereinafter referred to as “the tribunal”). He was nominated by Alhaji Muhammadu Modi Yabo, the Peoples Democratic Party (PDP) gubernatorial candidate for Sokoto State as his (Yabo’s) running mate i.e. as deputy governorship candidate. The 1st and 2nd respondents were the gubernatorial candidate and the deputy gubernatorial candidate sponsored by the All Peoples Party (APP). The election took place on 9th January, 1999 and the 1st respondent was duly returned as elected having polled 249,205 votes against Alhaji Muhammadu Modi Yobo’s 182,655 votes.

The appellant was not satisfied with the declaration of the results of the election, he therefore filed a petition before the tribunal asking for the following reliefs:-

“1) That the 1st and 2nd respondents were not qualified to contest the election of 9th January, 1999 and that all votes cast in their favour at the said election are invalid, null, void and of no effect.

2) That the election of the 1st and 2nd respondents is vitiated by corrupt practices.

3) That the petitioner’s party gubernatorial candidate (Alhaji Muhammad Modi Yaba) and the petitioner and not the 1st and 2nd respondents are the persons duly elected by majority of lawful votes cast at the election and ought to be returned.

4) Alternatively, that the election was not conducted substantially in accordance with the enabling Decree which non-compliance has substantially affected the result of the election and therefore a nullity.

5) And such further orders as this honourable tribunal may deem fit to make in the circumstances.”

When the petition was served on the 1st and 2nd respondents, they filed a conditional memorandum of appearance. In the conditional memoradum of appearance filed it was stated:-

“And take notice that

(a) A preliminary objection will be raised on the locus and competence of the petitioner Alhaji Abdullahi Aminu Tafida to present the petition since he is neither a person claiming to have had a right to contesl or be returned or a candidate at the election as provided by s.133(1) of Decree No.3 of 1999.

(b) A preliminary objection shall be raised on the jurisdiction of the tribunal to hear this petition on the grounds:

(i) that a necessary party Alhaji Muhammadu Modi Yabo is not made a party, and

(ii) that the Independent National Electoral Commission was not made a party and it would be affected by the result of the petition.”