Ibrahim Ismaila V. Dayyabu Adamu & Ors (2008)

LawGlobal-Hub Lead Judgment Report

AMINA ADAMU AUGIE, J.C.A.

The Sokoto State House of Assembly elections took place on the 14th of April, 2007, and this is an appeal against the decision of the National Assembly, Governorship and Legislative Houses Election Petition Tribunal (hereinafter referred to as the Tribunal), to affirm the declaration of the 1st Respondent,

who had decamped from the All Nigeria Peoples Party [ANPP] to the PDP, as winner of the said election, representing Illela Constituency of Sokoto State. Dissatisfied with the outcome of the election, the Appellant, who was the candidate of the Democratic Peoples party [DPP] for the same seat, filed a Petition at the Tribunal wherein he prayed that it may be determined –

a. That the 1st Respondent was not qualified to have contested the April 14th House of Assembly Elections for Illela Constituency and the Petitioner be declared as the winner having polled the majority of the lawful vote cast at the said election.

b. That the 1st Respondent was not duly elected or returned for reasons stated above.

c. That it may be determined that the 1st Respondent was not duly elected or returned and a bye election be ordered to be conducted in all the polling stations – affected by the non-compliance with the Electoral Act –

Paragraphs 6 (a) – (k) sets out the Grounds upon which the Petition is based, but we are more concerned with paragraph 6 (c) in this appeal, i.e.

“The 1st Respondent was not qualified to contest the election complained of in that:

(i) His nomination by the PDP was void having regard to the provisions of section 34 (1) of the Electoral Act, 2006.

(ii) He knowingly allowed himself to be nominated and/or sponsored by more than one political party namely: All Nigeria People Party [ANPP] and PDP contrary to the provisions of Section 38 of the Electoral Act, 2006.

(iii) His nomination by the ANPP was never withdrawn and/or cancelled before the election. The Petitioner pleads the PDP Constitution, Membership Card of the 1st Respondent submitted to the 3rd Respondent, INEC Form CF 001 filed by the 1st Respondent to contest under the banner of ANPP and under the umbrella of PDP into the Sokoto State House of Assembly representing Illela Constituency. Notice to produce same is hereby given to the Independent National, Electoral Commission.

(iv) He was not a valid member of the PDP at the time of the election.

The 1st & 8th Respondents filed a Reply to the Petition wherein they raised a preliminary objection, followed with an Application praying for the following –

– An Order dismissing and/or striking out the Petition for being incompetent as same does not disclose a reasonable or any cause of action against the 1st Respondent/Applicant & 8th Respondent.