Hon. (Dr) Yusuf Datti Baba – Ahmed & Anor V. Jibril Adamu & Ors. (2008)

LawGlobal-Hub Lead Judgment Report

JOHN INYANG OKORO, J.C.A.

This is an appeal against the judgment of the National Assembly/Governorship and Legislative Houses Election Tribunal sitting in Kaduna in petition No. EPT/KD/NA/001 delivered on 22nd November, 2007 wherein the Tribunal dismissed the petition of the Appellants. – Elections into the House of Representatives of Nigeria were held throughout the Federation on the 21st of April, 2007 including Zaria Federal Constituency. The 1st Appellant was sponsored by the 2nd Appellant, the All Nigeria Peoples Party (ANPP) in the election while the 1st Respondent contested on the platform of the Peoples Democratic Party (PDP). The said elections were conducted by the 2nd Respondent, the Independent National Electoral Commission (INEC) with the support of the 3rd to 369th Respondents. At the end of the election, the 2nd Respondent declared the 1st Respondent the winner of the election with 67, 745 votes as against the 1st appellant’s score of 37,954 votes. Dissatisfied with the return of the 1st Respondent as winner, the appellants filed Notice of appeal dated 30th November, 2007 on the 3rd day of December, 2007 containing fourteen grounds of appeal. The main grouse of the appellants in the petition was in respect of five wards out of thirteen wards in the Constituency. That there was non compliance with the provisions of the Electoral Act 2006, in the elections of Dutsen Abba, Gyellesu, Wuciciri, and Dembo wards and that there was no election at all in Kufena ward but mere allocation of votes. The Appellants however accepted the result of the election as being free and fair in the remaining eight wards.

From the fourteen grounds of appeal, the appellants have formulated six issues for the determination of this appeal. The issues are as follows:-

(1) “Whether there was Election in Kufena ward in the 21st of April, 2007 elections in compliance with Electoral Act, 2006 and the manual for Election Officials 2007.

(2) Whether the Learned Trial Judges of the Tribunal properly discharged their duty dispassionately in evaluating all the oral and documentary evidence in the Petition and arrived at correct decision.

(3) Whether the Learned Trial Judges of The Tribunal were right when they treated Exhibits G – G8 and 11 – 117 (All duplicate originals of EC8A (ii) of Dutsen Abba and Dembo wards) as inadmissible in law on the basis of lack of source or foundation.

(4) Whether the Petitioners/Appellants have proved falsification of the election results of Dutsen Abba ward and the tribunal was entitled to collate the genuine election result.

(5) Whether the Petitioners/Appellants have rebutted the presumption of genuiness or authenticity of the election results of INEC in the Trial of the Petition.

(6) Whether the 1st Respondent complied with the mandatory provision of paragraph 15 of the first schedule to the Electoral Act, 2006 and what is the effect of non compliance with the provision in relation to the Petition and the 1st Respondents case. ”

The Learned Counsel for the 1st Respondent however submits that only three issues are necessary for the determination of this appeal. The issues are:-

(1) “Whether the election was conducted in substantial compliance with the provisions of the Electoral Act, 2006.

(2) Whether the 1st Respondent was the winner of the election by majority of lawful votes.

(3) Whether the Lower Tribunal properly evaluated the evidence before it.”

The Learned Counsel for the 2nd to 369th Respondents formulated what he considers more appropriate issues which are three in number as follows:-