Rabe Nasiru V. Sule Ali Bindawa & Ors (2004)

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JOSEPH JEREMIAH UMOREN, J.C.A.

The appellant and the respondents contested for the legislative seat of the Mani/Bindawa Federal Constituency of Katsina State, on 12th April, 2003. They contested on the platforms of the People Democratic Party (P.D.P.) and the All Nigeria Peoples Party (ANPP) respectively.

At the conclusion of the election, the 1st respondent was declared the winner and returned as duly elected.

The appellant was not satisfied with the results declared. He proceeded to the Governorship and Legislative Houses Election Tribunal, Katsina, and on the 14th May, 2003, filed a petition challenging the return of the 1st respondent as the winner of the election of 12th April, 2003, into the House of Representatives of the National Assembly for the Mani/Bindawa Federal Constituency of Katsina State.

The 1st respondent, on being served with the petition, entered a conditional appearance and later filed his reply incorporating 10 grounds of objection and a motion on notice praying the tribunal to strike out the petition. The tribunal considered the objection first by virtue of paragraph 49(5) to the First Schedule to the Electoral Act, 2002, and ruled that the petition was incompetent and struck it out.

Dissatisfied with the ruling of the tribunal, the appellant has now appealed against that ruling to this court as per his notice and grounds of appeal at pages 94 – 101 of the record.

In this court, the 1st respondent raised a preliminary objection to the competence of the notice and grounds of appeal dated 24th June, 2003 and filed on 25th June, 2003.

The objection is taken on four grounds as follows:
i. Particular (a) to ground 1 is vague and conveys no meaning; while.
ii. Particulars (f) and (g) to ground 1 are argumentative.
iii. Ground 2 of the grounds of appeal and its particulars merely narrative, argumentative repetitive.
iv. Ground 4 as couched is not cognizable in law. The particulars thereto are unwieldy, narrative, argumentative and prolix.

He further prayed the court to strike out all issues formulated in the brief based on the said incompetent grounds and particulars.

He further prayed the court to strike out “issue C” or “issue No.3” in the appellant’s brief for not being covered by any ground of appeal.

In the alternative learned Counsel urged the court to strike out the entire brief for being confusing, contradictory, misleading, unwieldy, verbose and not in conformity with the Court of Appeal Rules regulating preparation of briefs of arguments.

Pursuant to Order 6 of the Court of Appeal Rules, the parties filed their respective briefs of argument. Appellant filed his brief and reply brief. The first respondent filed his 1st respondent’s brief while 2nd – 8th respondents filed their brief.

The appellant distilled the following issues in his brief:
“(a) Whether the motion on notice of preliminary objection of the 1st respondent dated 28th May, 2003, is competent.
(b) Whether the petition is incompetent by reason of alleged non-compliance with paragraph 4(1)(c) and section 133(2) which rendered the tribunal without any power or discretion than to strike it out.
(c) Whether considering the grounds, facts in support and the prayers, the petition is void and without cause of action.”

1st respondent framed the follwing issues:
“(i) Considering the state of the petition, the objection taken to it and the provisions of the Electoral Act, 2002, whether or not, the lower tribunal was right in dismissing the petition grounds 2, 3 and 4.
(ii) Whether or not, the motion filed by the respondent praying for the dismissal/striking out of the petition was competent – ground 1:”