Jazuli Usman V. Danladi Isa Kademi & Anor (1999)

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MUNTAKA-COOMASSIE, J.C.A. 

There was a nationwide chairmanship election into the Local Governments held on 5/12/98. Gaya Local Government Council of Kano State was held on the same date. That Gaya Local Government has 157 units. After the result was collated and counted. The 1st respondent, Mallam Danladi Isa Kadomi, polled a total sum of 10,413 whilst the appellant was credited with 10,739 votes. Consequently the appellant was declared winner.

Aggrieved by the return of the appellant as the elected Chairman of Gaya Local Government Council by the 2nd respondent, Mallam Danladi Isa Kadomi, filed an election petition at the Local Government Election Tribunal holden at Kano. The appellant, who was the respondent at the tribunal, lost and the respondent herein was held to be the winner. The appellant and the 1st respondent at the tribunal contested under the platforms of All Peoples Party and Peoples Democratic Party respectively.

Election petition was duly filed and served. Hearing commenced in earnest. The petitioner called five (5) witnesses in order to support his claim while the respondent, now appellant, called a total of eight (8) witnesses. The main grouse of the 1st respondent was that election into the chairmanship at Gaya was only held in 10 out of 13 units. Election, according to the petitioner, did not hold in the following three units, namely:

(a) Maimakawa Madakanei;

(b) Maimakawa Cikin Gari; and

(c) Maimakawa Asayaya

A number of exhibits were tendered and admitted by both parties. After addresses by both counsel it was clear that there was no dispute that the election result was announced without the election in the above three units being hold. The petitioner now respondent contended that since the election was not held in three out of 13 units the whole election result as announced by INEC be nullified and a fresh election be ordered. The appellant’s counsel submitted that since the appellant herein scored the majority votes cast at the election, the return of the appellant cannot be set aside by the tribunal. He relied on section 92(2) and paragraph 28 of Schedule 4 of Decree No.36 Local Government (Basic Constitutional and Transitional Provisions) Decree 1998.

The Election Tribunal, hereinafter referred to as tribunal simpliciter, in a considered judgment delivered on 12/2/99 upheld the submissions of the petitioner’ counsel and entered judgment in favour of the petitioner and set aside the return of the appellant as Chairman elect of Gaya Local Government. I reproduce substantially the decision of the tribunal thus:-

“Furthermore, the age old case of Bassey v. Young (1963) 1 All NLR at p.31 the facts that the polls opened late was adjourned an irregularity…

Having made this consideration we are in total agreement with Mr. Tola that the failure of the Commission to hold election substantially affected the results of the election in Gaya Local Government and in turn violated the final return.

We are in final agreement that non-compliance affected the result substantially and we are duty bound to accede to the petitioner’s prayers … Consequently, this petition succeeds. The return of the 1st respondent is hereby set aside. We order the 2nd and 3rd respondent to conduct fresh election at the three units viz, Maimakawa Madakanci; Maimakawa Cikin Gari and Maimakawa Asayaya, and the results therein used to compute the final results or the election in Gaya Local Government, by adding same to Exhibit 1.”

The appellant herein was not satisfied with the above decision and appealed to this court and filed a notice of appeal on 18/2/99 which contains three grounds of appeal. I reproduce same without their particulars thus:

“Ground 1