Sa’idu Abdullahi Rini & Anor V. Bello Moh’d Matawalen Maradun & Ors. (2008)

LawGlobal-Hub Lead Judgment Report

AMIRU SANUSI, J.C.A.

This is an appeal against the judgment of the Governorships and Legislative Houses Election Tribunal, Zamfara State (“the Tribunal” for short) delivered on the 21st day of May, 2007. The 1st Appellant herein was sponsored by the Peoples Democratic Party (2nd Appellant)” a political Party duly registered by the 3rd Respondent (INEC) to contest election held on the 21st April, 2007 as a member House of Representative representing Maradun/Bakura Federal constituency. The first respondent herein also contested the same position at the said election having been nominated by his party the All Nigeria Peoples Party (ANPP) which is the 2nd Respondent herein.

After the conduct of the election by the 3rd Respondent (hereinafter referred to simply as INEC), the 1st respondent, was declared winner of the said election and was accordingly returned by INEC and its Returning Officer of Maradun/Bakura Federal constituency. The two appellants were aggrieved by the return of 1st Respondent as winner of the election by 3rd to 6th respondents and thereby jointly filed a petition before the Tribunal. Principally, the petition filed by the Petitioners/ appellants (herein) complained on in disqualification of the 1st respondent from contesting the election and non-compliance with the provisions of Electoral Act 2006. For purposes of clarity and ease of reference, the relevant averments relating to the grounds as contained in the petition and the subsequent Joint Reply thereto, by the 1st and 2nd Respondents are set out hereunder:-

“Your petition as in this petition shall rely on the following grounds:-

1. That the 1st Respondent was at the time of the election, not qualified to contest the election, IN THE ALTERNATIVE:-
2. The election was invalid by reason of non-compliance with the provisions of the Electoral Act 2006.”

With regard to the complaint of non-qualification or disqualification the petitioners averred in paragraphs 6, 7, 8 and 9 as follows:-

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6. the 1st Respondent has been indicted for embezzlement and fraud by an Administrative Panel of Inquiry which said indictment has been accepted by the Federal Government of Nigeria

7- The 1st Respondent having embezzled Public fund while a member (sic) of the House of Representative, he has made refund of part of the money embezzled.

8- The 1st Respondent’s confession was made to EFCC during the latter’s investigation of corrupt Practices, extended to the 1st Respondent. The EFCC case dairy in respect of the investigation carried out on the 1st respondent concerning corrupt Practices is hereby pleaded.

9- By reason of Paragraphs 6, 7 and 8 above, the 1st Respondent was not qualified to contest the election.”

Then on the other grounds of non-compliance with the provisions of Electoral Act the two petitioners jointly averred in their Joint Petition as below:-

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3. At the end of the election, the 6th respondent announced 99,186 votes as scores for the 2nd Respondent and declared the 2nd respondent (a Political Party) elected. FORM EC8A(11) in Respect of Maradun/Bakura Constituency is hereto pleaded.
4. No score was announced for the 1st respondent at any stage of the election, declared elected (sic).

Again, in paragraphs 10 to 12 the petitioners/ appellants complained of irregularities bordering on over voting, multiple voting, stuffing of ballot boxes, and intimidation of voters, undue influence, vote allocation etc and declaration of results in some unspecified voting stations where no election was held. Other complaints relate to failure by INEC to conduct election in some polling stations or wards and that the elections were marred by irregularities in some specified polling units and wards.

The petitioners now appellants, prayed the Tribunal, to declare thus:-

a) That the 1st Respondent was not qualified to contest the election for the House Representatives for Maradun/Bakura Federal Constituency.