All Nigeria Peoples Party & Anor. V. Alhaji Saidu Nasamu Usman & Ors. (2008)

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ABDU ABOKI, J.C.A.

This is an appeal against the decision of the National Assembly/Governorship Election Petition Tribunal sitting at Birnin Kebbi delivered on 20th October, 2007.

The facts of the case briefly are that on 14th April, 2007 elections were held throughout the country into the Governorship seats of the 36 states of the Federation of Nigeria. The 1st Petitioner/Appellant contested the Governorship seat on the platform of the All Nigeria Peoples Party (ANPP) and polled 134,553 votes, while the 1st Respondent,, who was the candidate of the Peoples Democratic Party (PDP), scored 469,595 votes. Consequently, the 1st Respondent was declared the winner of the election and returned as the elected Governor of Kebbi State.

Against the declaration of the 1st Respondent as the winner of the election, the Appellants as Petitioners filed a petition before the Tribunal challenging the 1st Respondent’s return 6n the following grounds:-

1. That that 1st Respondent was not qualified to contest the election.
2. That the election was invalid by reason of corrupt practices and non-compliance with the provisions of the Electoral Act, 2006.
3. That the 1st Respondent was not duly elected by majority lawful votes cast at the Election.

The said petition is in volume one on page 1 to 36 of the Record of Appeal. Upon being served with the petition, the 1st Respondent and his party the 2nd Respondent jointly filed a Reply to the petition dated 4th May, 2007 at the Tribunal on the same date. The said Reply is in volume one on pages 182-198 of the Record of Appeal.

The 1st Respondent and other Respondents to the petition joined issues with the petitioners/Appellants on the allegations contained in the petition.

In the joint Reply of the 1st and 2nd Respondents, a Preliminary Objection was raised as to the competence of the petition and the jurisdiction of the Tribunal to entertain it.

The 3rd – 318th Respondents equally filed a Reply incorporating a preliminary objection in the same terms and tenor with that of the 1st and 2nd Respondents. This can be found in volume one on pages 346-379 of the Record of Appeal.

The Appellants reacted to the written arguments of the 1st and 2nd Respondents and the Tribunal set down the Preliminary Objection for hearing. The Preliminary Objection was taken by the Tribunal and a ruling was delivered on the objection on 12th July, 2007, whereby it dismissed the objection and affirmed the competence of the petition and the jurisdiction of the Tribunal to entertain the petition.

At the hearing of the petition, Counsel to both parties adopted the statements of their witnesses which were attached to the petition and the Replies of the Respondents without calling the witnesses who deposed to the statements on oath to expatiate on the deposition or give their testimony before the Tribunal. Furthermore all exhibits were tendered from the Bar by Counsel to the parties who relied on documents in the presentation of their case. Petition No. KB/EPT/GOV/2/2007 was consolidated by the Tribunal with another Petition No. KB/EPT/GOV/1/2007 and tried together.

The Tribunal ordered Counsel to the respective parties to file their written addresses. The Tribunal delivered its judgment on 20th October, 2007, wherein it dismissed the Appellants’ Petition.

Being dissatisfied with the said judgment of the Tribunal, the 1st and 2nd Petiti6ners now Appellants appealed to this Court. The Notice of Appeal containing eleven (11) Grounds of Appeal is in volume three on pages 1330 – 1339 of the Record of Appeal.

The Appellants from the eleven (11) Grounds of Appeal distilled eight (8) issues for determination of this Appeal as follows:-

1. Whether the Appellants made any case as to the validity of the nomination of the 1st Respondent as the Governorship candidate of the, 2nd Respondent and his qualification to contest the April 14th 2007 Governorship election of Kebbi State (Ground 1).
2. What is the effect of “double sponsorship” and “invalid nomination” on the qualification of candidate under section 177(c) of the Constitution of Federal Republic of Nigeria? (Ground 2).
3. Does the breach of the provisions of the Electoral Act 2006 which result in invalid nomination of a candidate that allegedly won the election amount to substantial non-compliance of the Electoral Act which can lead to nullification of the election (Ground 3).
4. Whether the tribunal was right when it held that the 1st Respondent withdrew from his nomination as the Governorship candidate of the 1st Appellant (ANPP) before he was sponsored by the 2nd Respondent (PDP) for the same position and that there was no evidence of double sponsorship: of the 1st Respondent (Ground 5).
5. Whether the Appellants led credible evidence in proof of their allegations of substantial non-compliance with the Electoral Act 2006 and irregularities in the conduct of the election sufficient to nullify the election of the 1st Respondent (Ground 6, 8, & 9)
6. Whether Exhibit R8 (alleged to be the manual register of voters for Kebbi State) :tendered by the 3rd – 318th Respondents is admissible in evidence when no facts suggesting the existence of such register was pleaded by the said 3rd – 318th Respondents (Ground 7).
7. Was the Tribunal right when it discountenanced annexures 1 and 2 of the Appellants final Address which s(lid annexures and tables showing discrepancies in the result sheet (Form EC8A’s) already tendered and admitted as Exhibits before the Tribunal.
8. Was the Tribunal right when it discountenanced annexures 1 and 2 of the Appellants final Address which said annexures and tables showing discrepancies in the result sheet (Form EC8A’s) already tendered and admitted at Exhibits before the Tribunal.”

The 1st Respondent raised from the eleven grounds of appeal filed by the Appellant’s five issues for determination.