Alhaji Usman Nasamu Saidu V. Abubakar Mallam Abubakar & Ors. (2008)

LawGlobal-Hub Lead Judgment Report

BULKACHUWA, J.C.A.

On the 14th of April, 2007 the Independent National Electoral Commission (INEC) as the statutory body responsible for conducting election, organized and conducted the Governorship and Legislative Houses election through out Nigeria.

In Kebbi State, election into the office of Governor was vied for and contested by the following candidates;

(1) Inuwa Bawa – Action Congress (AC)

(2) Alhaji Abdullahi Ibrahim – African Democratic Congress (ADC)

(3) Engr. Abubakar Bala D/Ango – All Progressive Grand Alliance (APGA)

(4) Senator Farouk Bello Bunza-All Nigeria Peoples Party (ANPP)

(5) Abubakar Mallam Abubakar – Democratic Peoples Party (DPP)

(6) Salihu Isa Nataru – National Democratic Party (NDP)

(6) Alhaji Nasamu Saidu Usman – Peoples Democratic Party (PDP)

(8) Adamu Usman – Progressive Peoples Alliance (PPA)

The result of the election as collated by INEC declared the 1st appellant in this appeal Alhaji Nasamu Saidu Usman who contested under the platform of the PDP – the 2nd appellant as the winner of the election having scored the highest number of votes and returned him as the duly elected governor of Kebbi State.

The 1st and the 2nd respondents Abubakar Mallam Abubakar and the Democratic Peoples Party (PDP) dissatisfied with the return of the 1st appellant as the Governor of Kebbi State filed a 168 paragraph petition on 14/5/07 before the Governorship/Legislative Houses Election Petition Tribunal for Kebbi State sitting in Birnin Kebbi (hence to be referred to as the lower tribunal) on the underlisted grounds;

(1) The 1st respondent was at the time of the election, not qualified to contest the election.