Alhaji Usman Sule Rirwai & Ors V. Mallam Ibrahim Shekarau & Ors (2008)

LawGlobal-Hub Lead Judgment Report

ANYANWU, J.C.A.

On the 14th day of April, 2007 elections were held throughout Nigeria into the Governorship seats of the thirty-six States of the Federation. Seven candidates representing their various political parties contested the Governorship seat of Kano State. After the election, the 1st respondent Mallam Ibrahim Shekarau of the All Nigeria Peoples Party emerged winner with 671,184 votes. He was therefore returned.

The petitioner sponsored by Action Congress came 3rd with 126,235 votes. The petitioner being dissatisfied with the result of the election filed a petition before the Governorship and Legislative Houses Election Petition, Tribunal holden at Kano on 14th May, 2007 challenging the results and return of the 1st respondent. The respondents were served with the petition. The 1st and 2nd respondents filed their reply to the petition and the appellant further filed and served their response to the respondents’ reply on 6th June, 2007.

The facts of this petition and the crux of this appeal is narrow. At the close of pleadings on the 6th July, 2007 the petitioner did not apply for the issuance of pre-hearing notice as prescribed by paragraph 3(1) of the Election Tribunal and Court’s Practice Directions, 2007. The respondent also failed to bring an application in accordance with paragraph 3(1) of the Practice Directions. Consequently the tribunal Suo motu thereafter slated the petition for dismissal and issued hearing notices to that effect to the parties for 27th July, 2007.

The petitioners on getting this notice for dismissal filed a motion on notice on the 26th July, 2007, which was served on the parties on the 27th July, 2007 at the tribunal. The learned counsel for the petitioners insisted that the motion should be heard, even though the motion on notice was not ripe for hearing. The respondents objected to its being heard as the petition as of that date was already dead by reason of non-compliance with paragraph 3(4) Practice Directions.

The petitioners in their motion prayed for the following orders:

(1) An order of extension of time for the issuance and service of pre-hearing notice and information sheet as in Forms TF 007 and TF 008.

(2) An order for the issuance and service of pre-hearing notice as in Form TF 007 accompanied by pre-hearing information sheet as in Form TF 008 on all the parties to this petition.

(3) And any other order(s) as this honourable tribunal may deem fit to make in the circumstances.

From the record of proceedings in the lower tribunal the 2nd respondent did in fact file a motion for dismissal also dated 26th July, 2007 but filed on the 27th July, 2007.

When the petitioners’ counsel announced that he was ready to move his motion. All the respondents indicated that they all had preliminary objections to the petitioners’ motion.

All the learned counsel to the three sets of respondents moved their preliminary objections orally and the petitioners’ counsel replied. The tribunal then adjourned and thereafter delivered a well, considered ruling. The tribunal dismissed the petition in line with paragraph 3(4) of the Electoral Tribunal and Court Practice Directions, 2007.

The petitioners being dissatisfied filed a notice and three grounds of appeal. The petitioners also formulated three issues for determination namely:

(1) Whether the Honourable justices of the Kano State Election Tribunal were right in dismissing the