Bashar Isah & Anor V. Ibrahim Bawa Kamba & Ors (2008)

LawGlobal-Hub Lead Judgment Report

AMINA ADAMU AUGIE, J.C.A.

Election into the House of Representatives took place on the 21st of April, 2007 in Kebbi State, and the 1st Respondent, who had been the candidate of the All Nigeria Peoples Party [ANPP] before he decamped and contested the election under the banner of the PDP, was declared as the duly elected Representative for Arewa/Dandi Federal Constituency. Dissatisfied, the Appellants filed a petition at the Kebbi State National Assembly, Governorship and Legislative Houses Election Petition Tribunal (hereinafter referred to as the Tribunal), where they prayed that it may be determined

i) That Ibrahim Bawa who was returned by the 3rd – 4th Respondents as the Hon. Member elect for the Arewa/Dandi Federal Constituency at the election held on 21st April, 2001 was not duly elected and his election is therefore void.

ii) That the 1st Respondent was not qualified to contest the election … under the flag of the 2nd Respondent or at all.

iii) That the said election … was characterized by pervasive non-compliance with the Electoral Act which non-compliance has substantially affected the result of the election and that the election be annulled for non-compliance with the provisions of Electoral Act 2006.

iv) That the 1st Respondent was not validly nominated as a candidate…

v) That a fresh election be conducted into the Arewa/Dandi Federal Constituency in accordance with the provisions of Section 147 of the Electoral Act 2007.

The grounds on which the Petition is based are set out in paragraphs 13 i.e.

i) The 1st Respondent was at the time of the election, not qualified to contest the election.

ii) The election was invalid by reason of corrupt practices and/or non-compliance with the mandatory provisions of the Electoral Act 2006.

The 1st & 2nd Respondents entered a conditional appearance and later filed the following processes, a notice of Preliminary Objection praying that the Petition be dismissed or struck out; a Reply to the Petition encompassing a Notice of Preliminary Objection praying for same; and a Motion on Notice that prayed for same. The Grounds for the objection are that it is –

i) Incompetent and discloses no cause of action against them;

ii) Improperly constituted;

iii) Not grounded or rooted in the Electoral Act, 2006;