Ahmed Bala Ishaq & Anor. V. Independentnational Electoral Commission (INEC) & Ors. (2008)

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UWANI MUSA ABBA AJI, J.C.A.

This is an appeal against the decision of the National Assembly/Governorship and Legislative Houses of Assembly Election Petition Tribunal sitting in Lafia, Nasarawa State, delivered of the 10th December, 2007.

The 1st Appellant herein, Bala Ishaq Tafida was a candidate of the 2nd Appellant, the Action Congress (AC) at the election held on the 21st April, 2007 to the Nasarawa West Senatorial District. The 3rd Respondent, senator Abubakar D. Sodangi contested the said election on the platform of the 2nd Respondent, peoples Democratic Party (PDP). The 1st Respondent, Independent National Electoral Commission (INEC) declared the 3rd Respondent, the winner of the election having polled the highest number of votes cast at the election and returned him accordingly as the winner of senatorial seat of Nasarawa West Senatorial District of Nasarawa State.

The Appellant’s not satisfied with the election and return of the 3rd Respondent filed a petition before the Nasarawa State, National Assembly/Governorship and Legislative Houses of Assembly Election Petition Tribunal upon the following grounds:.

1. That the election was marred with irregularities, malpractices and corrupt practices which is not incompliance with the provisions of the Electoral Act, 2006.
2. In all the five local government areas of Nasarawa West the election materials arrived late/materials hijacked, people intimated by the army, multiple voting and thumb printing of ballot papers in hideouts etc.

The petitioners prayed for the following reliefs:-

i. An order nullifying the election in part of Nasarawa Toto, Kokona and Karu local government Areas where affected.

ii. An order invalidating the return of the 3rd Respondent as the winner of the 21st April, 2007 election to the House of Senate, Nasarawa having scored unlawful vote.

iii. An order for fresh election to be conducted by INEC which will be credible, transparent and free and fair.

iv. A declaration that the 1st Petitioner is the winner of the elections on the 21st April, 2007 having scored the lawful votes in Nasarawa West Senatorial District.

All the Respondents jointly and severally denied all the allegations raised in the petition.

The matter went to full trial whereby the petitioners called a total number of 6 witnesses.

The petitioners’ case ended with the PW 6 whereby all the Respondents jointly and severally rested their case on that of the petitioners. Written Addresses were filed by the various Respondents and adopted same at the hearing. The appellants choose not to file any written addresses.

In a considered judgment delivered by the Tribunal on the 10th December, 2007, the tribunal dismissed the petition of the Appellants. This is what he said in dismissing the petition at page 391 of the Records of Appeal.

“In the case before us, we have found herein before that the allegations of over voting, multiple voting, violence, non-voting, intimidation and thuggery have not been established to the satisfaction of this Honourable Tribunal. We dare add that they are electoral malpractices and/or irregularities which are criminal in nature, and as such they have not been proved beyond all reasonable doubt. We therefore find an (sic) hold the petitioners have failed to establish by evidence, any non-compliance with the electoral Act 2006. Therefore we do not deem it necessary to look into whether the same has substantially affected the results of the election.