Alhaji Abdullahi Abdullahi V. Alhaji Ya’u Isa Mai Alewa & Anor (1999)

LawGlobal-Hub Lead Judgment Report

I.T. MUHAMMAD, J.C.A.

Abdullahi Abdullahi, the appellant was the 1st respondent at the Local Government Council Election Tribunal for Sokoto State (the tribunal). He was fielded by the All Peoples Party (APP) to contest the election for the Chairman of Goronyo Local Government Council of Sokoto State. Alhaji Ya’u Isa Mai Alewa the 1st respondent (in this appeal) who was one of the petitioners at the tribunal, was fielded by the Peoples Democratic Party (PDP). At the end of the election processes, the appellant was returned as winner of the election with the highest number of votes. The respondents herein, were dissatisfied with the election result and they filed their petition at the tribunal. Some of the grounds upon which they premised their petitions are:

“3(1) The 1st and 2nd respondent were not duly elected as Chairman and Vice Chairman respectively of Goronyo Local Government by majority of lawful votes casts at the election of 5th December, 1998.

(ii) The 1st respondent was not qualified by reason of having obtained the prescribed minimum educational qualification to contest and be elected as Chairman of a Local Government Council. (sic).

(iii) Conduct of the election at Illela Dawagare and Shiyar Uhan-Dawaki polling stations in Kagara’- anti Giyawa Wards respectively, was marred by irregularities and malpractices that rendered the same unfair and not in substantial compliance with the law and electoral guidelines.

(iv) That the 1st and 2nd respondents are not entitled to be declared the winner of the said election having not scored at least 1/2 of votes cast in at least 2/5 of the wards that make up Goronyo Local Government

(v) The 1st and 2nd respondents were not qualified to contest the election by reason or non payment of tax.

4. At the conclusion of the said election the 3rd respondent declared that the 1st and 2nd respondents were the elected with a purported majority of 6,049 votes followed by the petitioners with 5,791 votes.”

There were further complaints of impersonation of name in a certificate, non-compliance and observance of the electoral laws, and other election malpractices levied against the presiding officer in charge of some of the wards in the Local Government. At the end of their petition, the petitioners/respondents prayed the tribunal for the following reliefs:

“Whereas your petitioners pray that it be determined as follows:

(i) That the 1st and 2nd respondents are not qualified to contest the said election.

(ii) That the 1st and 2nd respondents were not duly elected by majority or lawful votes cast at the said election,

(iii) That the result or the election at Tuluttu Illela Dawagare and Shiyar Ubandawaki polling stations are not reliable and ought to be cancelled.

(iv) That the petitioners are the persons duly elected by majority of lawful votes as the Chairman and Vice Chairman or Goronyo Local Government Council,”

1st & 2nd respondents at the tribunal filed their respective replies to the petition in which each denied the legations levied against each of them. Indeed the 1st respondent/appellant incorporated a counter claim in his reply. The petitioner/respondent filed petitioner’s reply to the counter claim. From the printed record before this court, 7 witnesses testified in favour of the petitioner. The 1st respondent/appellant called 9 witnesses, Learned counsel for the respective panics addressed the tribunal at length. At the end of hearing. the tribunal declared the petitioner/1st respondent the elected Chairman or Goronyo Local Government Council of Sokoto State. The tribunal declared the counter claim as incompetent and struck same out.