Hon. Sani Mohammed Iliyasu & Anor V. Dr. Shehu Usman Adamu & Ors (2008)

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BABA ALKALI BA’ABA, J.C.A.

On the 14th day of April, 2007, general election was held throughout the country into the various States Legislative House.

The 1st appellant who was the respondent before the Tribunal contested the election into the Kaduna State House of Assembly seat for Maigana Constituency on the platform of the Peoples Democratic Party (PDP), the 2nd appellant/respondent. The 1st respondent who was the petitioner before the Tribunal also contested the election under the platform of the All Nigeria Peoples Party (ANPP), the 2nd respondent/petitioner.

At the end of the said election the 1st appellant was declared the winner having scored 22,844 votes as against 20,350 votes scored by the 1st respondent. The 1st and 2nd respondents being dissatisfied filed a petition before the Kaduna State Election Tribunal, dated the 11th day of May, 2007 filed on 14th day of May, 2007 containing ten paragraphs at pages 1 – 10 of the record and claimed as follows:

“WHEREOF, the petitioner urged the Tribunal to determine, declare and order as follows:

(1) That the 1st respondent was not duly elected by a majority of lawful votes.

(2) That the petitioner be declared the validly elected having polled the highest number of lawful votes cast at the election.

(3) Alternatively that the election in Maigana Ward of Maigana Constituency in relation to the slat sought by the Petitioner be declared invalided as a result of corrupt practices and other irregularities perpetuated thereat contrary to the Electoral Act 2006.

(4) An Order directing that fresh election is conducted in the said Maigana Ward.

OR

The entire election in Maigana constituency is declared void and a recontest ordered by this court among the contestants without the 1st and 2nd Respondents.”

The appellants as respondents filed a reply to the petition dated the 5th day of June, 2007 contained at pages 159 – 163 of the record, containing 21 paragraphs. The 3rd – 17th respondents also filed a joint reply to the petition dated 7/6/2007 at pages 168 – 171 of the record, containing 14 paragraphs.

Thereafter, hearing of the petition commenced and concluded. Judgment was delivered on 25/10/2007, nullifying the election and return of the 1st appellant/ respondent as the member of the Kaduna State House of Assembly and instead, declared the petitioner now 1st respondent as the duly elected member of the Kaduna State House of Assembly at pages 342 – 564 of the record.

The Tribunal concluded its judgment at page 5 363 – 364 as follows:-