Halliru Lawal Malumfashi V. Dauda Ibrahim Karfi & Ors (2009)

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BABA ALKALI BA’ABA, J.C.A.

This is an appeal against the judgment of the Governorship and Legislative Houses Election Tribunal sitting in Katsina State, dated the 19th day of September, 2007. The judgment is in respect of a petition filed by the 1st and 2nd respondents who were the petitioners, challenging the declaration and return of the 1st respondent now appellant as duly elected member representing Malumfashi State House of Assembly Constituency in the Katsina State House of Assembly. The election was held on the 14th of April, 2007. The 1st and 2nd respondents as petitioners filed their joint petition dated and filed on the 14th day of May, 2007.

The petition has one ground contained in paragraph 6 of the petition. At the hearing of the petition, the 1st and 2nd respondents as petitioners called seven witnesses and tendered some documents in evidence while the appellants as 1st and 2nd respondents in the petition called seventeen witnesses and also tendered some documents in evidence. The 2nd – 228th respondents did not call any witness.

At the conclusion of hearing, the Election Tribunal delivered its judgment in favour of the 1st and 2nd respondents as the petitioners and nullified the said election and ordered for a bye-election to be conducted for the said constituency at a date to be fixed by INEC.

Being dissatisfied with the said judgment, the appellants appealed to this Court by filing a Notice of Appeal dated 26/9/07 filed on 27/9/07 containing ten grounds of appeal to be found at pages 331 – 338 of the record.

In accordance with the rules of practice and procedure of this Court, briefs of argument were filed and exchanged between the parties. At the hearing of the appeal, which came up on the 19th day of January, 2009, counsel to the parties, adopted their respective briefs.

The appellants in their brief of argument, dated 21/5/08, deemed filed on 12/6/08, formulated seven issues contained at pages 3 – 4 of the appellants’ brief. They are as follows:

“3.1 Whether the evidence led by the petitioners/1st & 2nd respondents (Exh.P.1, P.2, P.9, (B-C), P.10, P.11, P.12, and P.13 in proof of their petition and found by the Election Tribunal to be “competent and valid with probative value” are admissible, the facts relating to the pieces of evidence having not been pleaded or properly adopted. (Grounds 1 & 2).

3.2 Whether the tribunal was right in its finding that the petitioners/1st & 2nd respondents have proved their sole ground of substantial non-compliance against INEC to warrant the Nullification of the Appellant’s Election in Malumfashi State Assembly Constituency. (Ground 5, 6 & 7).

3.3 Whether the Election Tribunal Katsina’s finding of how the non-compliance affected the result of the Election is not only PERVERSE but SPECULATIVE.

(GROUND 8).

3.4 Whether the Election Tribunal’s finding that “violence” between the 1st & 2nd respondent’s and appellant’s supporters was the reason for non-conduct of Election in Karfi, Gora-Dan-saka, Makaurachi and Yaba wards is not perverse. (Ground 5)

3.5 Whether the Tribunal was right in failing to pronounce on the issues of illegality and restrictive law on INEC properly raised and argued before it by the Appellant and 1st & 2nd Respondents in their pleadings and addresses. If the answer is in the negative, whether this Hon. Court can pronounce on same (Ground).

3.6 Whether the evaluation, findings and conclusions, drawn by the Election Tribunal in its judgment, having regard to the weight of the evidence adduced by parties in this appeal is not only inconsistent, contradictory, perverse or wrong so as to warrant interference by this Hon. Court (Ground 10).