Mr. David Umaru & Anor V. Dr. Muazu Babangida Aliyu & Ors. (2009)

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UWANI MUSA ABBA AJI, J.C.A.

This is an appeal against the interlocutory and final decisions of the National Assembly, Governorship and Legislative Houses of Assembly Election Tribunal, Holden at Minna, Niger State as contained in the Ruling delivered on the 22nd day of October, 2007 and the final decision delivered on the 9th day of June, 2008.

On the 14th day of April, 2007, election was conducted by the Independent National Electoral Commission the 3rd Respondent herein into the office of the Governor of Niger State. The 1st Appellant David Umaru was sponsored by the 2nd Appellant, the All Nigeria Peoples Party (ANPP) to contest the said election. The 1st Respondent was also sponsored by the 2nd Respondent, the Peoples Democratic Party (PDP) to contest the election. Other political parties also sponsored candidates for the election, but for the purpose of this appeal, it is irrelevant to delve into their contest as they were never joined in the petition.

At the conclusion of the elections, the 3rd and 4th Respondents on the 15th day of April, 2007, declared and returned the 1st Respondent, Dr. Muazu Babangida Aliyu as the winner of the election having scored majority of lawful votes cast at the election. The Petitioners now Appellants were dissatisfied with the declaration and return of the 1st Respondent as the Governor Elect of Niger State, filed petition on the 15th day of May, 2007 before the National Assembly, Governorship/Legislative Houses Election Tribunal, Minna, Niger State, henceforth simply referred to as the Tribunal, upon the following three (3) main grounds:-

(I) That the 1st Respondent as at the date of the election being 1st April, 2007 was not qualified to be elected Governor of Niger State by reason of having failed to resign from Civil Service of the Federation 30 days to the date of the election contrary to Section 182(1)(9) of the Constitution of the Federal Republic of Nigeria, 1999.

(II) That 1st Respondent who contested on the platform of the 2nd Respondent for the Governorship election did not secure the majority of lawful votes cast at the election and that the 1st Petitioner/Appellant won the said election by majority of lawful votes cast and ought to have been returned.

(III) That the return and declaration of the result by 3rd and 4th Respondents in favour of the 1st Respondent was wrongful because the election was marred and vitiated by widespread~ massive and several electoral irregularities and or malpractices which are substantial non-compliance with the provisions of the 1999 Constitution and Electoral Act and extant regulations and same substantially affected the result of the elections.

The Petitioners/Appellants pray the Tribunal as follows:-

(A) That the results in all the polling units in the local government areas of Niger State mentioned above more particularly Bida, Agaie, Gbako, Edati, Lapai, Lavun, Mokwa, Katcha, Rijau, Magama, and Wushushi, be nullified by reason of the malpractices, noncompliances, irregularities and other electoral offences committed by the Respondents which marred the election in these areas.

(B) An Order of this Tribunal declaring the 1st Petitioner as the Governor Elect for Niger State at the election conducted on the 14h April, 2007 having secured the majority of lawful votes cast in the remaining Local Government, areas of Niger State and was therefore entitled to have been return as the winner of the election.

In the alternative:-

(C) An Order directing the Respondents more particularly the 3rd to 15th Respondents to conduct fresh election in all the polling units in the local government areas mentioned above.

(D) And for such further or other consequential orders necessary to give effect to the orders that the tribunal is empowered to make under the Electoral Act 2006 and the Constitution of the Federal Republic of Nigeria, 1999.

The Respondents joined issues with the Appellants by filling their respective replies in which they denied all the grounds of the petition and the matter proceeded to trial.