All Nigeria Peoples Party (ANPP) & Anor V. Hussein Namadi Abdulkadir (2008)

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BABA ALKALI BA’ABA, J. C. A.

This is an appeal against the judgment of the National Assembly Election Petition Tribunal holden at Dutse, Jigawa State of Nigeria, delivered on the 6th day of September, 2007. On the 21st day of April, 2007, elections were conducted throughout the country for the National Assembly including that of Auyo, Kafin Hausa and Hadejia Constituency where the 2nd appellant sponsored by the 1st appellant contested the said election, while the respondent also contested the said election on the platform of his party, the Peoples Democratic Party (PDP) along with others.

At the close of the said election, the 1st respondent who scored the highest number of lawful votes was declared and returned the winner of the said election.

The appellants were unhappy with the 1st respondent’s declaration and return as a result they filed a joint petition dated and filed on 22/5/07 containing 21 paragraphs at pages 1 – 33 of the record in which they claimed amongst other things as follows:

“21. WHEREOF, having regards to the foregoing the petitioners pray as follows:-

a. AN ORDER of the Tribunal that the election into the Auyo, Hadejia and Kafin Hausa constituency of the House of Representatives conducted on 21st April, 2007 is invalid for reason of noncompliance with substantial sections of the Electoral Act, 2006.

b. AN ORDER of the Tribunal that the election is invalid for reason of corrupt practices.

c. AN ORDER nullifying the said election for reasons of substantial noncompliance with the Electoral Act and corrupt practices.

IN THE ALTERNATIVE that the 1st Respondent, HUSSEIN NAMADI ABDULKADIR was not validly and duly elected and returned by lawful votes cast in the election held on 21st April, 2007 for Auyo, Hadejia and Kafin HausaFederal Constituency for House of Representatives as required by law.”

As the petition was fought on the pleadings (petition and reply), I consider it appropriate to start by reproducing some of the paragraphs of the pleadings upon which the parties relied in order to determine the nature of the claim and defence before going into the evidence adduced by the parties in determining the appeal.

The appellants as petitioners in their joint petition pleaded in paragraphs 2, 3, 4, 5, 6 and 7 as follows:-

“2. Your petitioners state that the 2nd petitioner is a registered voter and registered member of the 1st petitioner. A copy of the voters card and membership card of the 1st petitioner are annexed hereto as annexure MM1 and MM2 respectively.

3. Your petitioners claim that the election into Auyo, Kafin Hausaand Hadejia Federal Constituency of the House of Representatives held on 21st April, 2007 was vitiated by corrupt practices and non-compliance with the provisions of the Electoral Act 2006 in that the said elections was characterized by electoral malpractices, under-aged voting, multiple voting, ballot box snatching, destruction of ballot boxes and declaration of number of votes cast in excess of the number of registered voters in the various polling units in Auyo, Kafin Hausa and Hadejia Local Government Area of Jigawa State.
4. Apart from non-compliance with the Electoral Act and incidence of corrupt practices as stated in paragraph 3 hereinabove, your petitioners claim that in some polling units in Auyo, Kafin Hausa and Hadejia Local Government (L.G.A.), no voter was registered for the purpose of the general election, yet votes were cast and results were declared in such polling units.
5. Your petitioners state that the election was conducted and concluded amidst such non-compliance with the Electoral Act and corrupt practices as stated in paragraphs 3 and 4 hereinabove and a purported winner – the 1st Respondent, sponsored by the 2nd Respondent was unlawfully returned.
6. The 2nd Respondent, acting for the 1st Respondent conducted the said election on 21st April, 2007 wherein there was electoral malpractices and massive irregularities as stated in paragraphs 5 and 6 hereinabove and unduly returned the 15th Respondent at the said election ascribing scores for the candidates as follows:

i. Mohammed Dankani Isa Auyo (A.C.) 6,151

ii. Galadima Kalgwai (A.P.G.A.) 156