Alhaji Jibrin Bala Guna Alhassan V. Dr. Muazu Babangida Aliyu & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

OHN INYANG OKORO, J.C.A.

At the Federal High Court, Kaduna, the Appellant herein, by an Originating Summons dated 12th November, 2007, presented the following questions for determination:-

“1. WHETHER having regard to the provisions of section 34(2) of the Electoral Act, 2006, the 2nd Defendant can without adducing cogent and verifiable reason change and or substitute the name of the Plaintiff for the 1st Defendant as the People’s Democratic Party Governorship candidate in the 14th April, 2007 Election in Niger State.

2. WHETHER having regard to the non-compliance with the condition to give cogent and verifiable reason as provided by section 34(2) of the Electoral Act, 2006 by the 2nd Defendant, the 3rd Defendant can act on the name of the 1st Defendant as replacement of the Plaintiff s.
3. WHETHER having regard to the non-compliance with the condition to give cogent and verifiable reason as provided by section 34(2) of the Electoral Act, 2006 by the 2nd Defendant, the Plaintiff is not the duly nominated candidate for the 14th April, 2007 Gubernatorial Election in Niger State under the platform of the 2nd Defendant.
4. WHETHER having regard to the provision of Article 17.2(b) of the Constitution of the Peoples Democratic Party and Articles 13(a) – (g), 14 (a) – (k), 15(1) (a) – (e) (2) 16 (a) – (f), 18(a) & (b) and 19 its Electoral Guidelines for primary Election 2006, the 1st Defendant who did not contest the Gubernatorial Primary Election could be changed and or substituted by the 2nd Defendant for the Plaintiff who won the said primary Election by 3,575 lawful votes.”

The Appellant, who was the plaintiff therein sought the following reliefs:

(a) A DECLARATION that the plaintiff was the lawful candidate to contest the 14th April, 2007 Governorship Election in Niger State on the platform of the 2nd Defendant being the candidate who won the majority of 3579 lawful votes at the Primary Election conducted by the 2nd Defendant on the 13th day of December, 2006 and whose name was submitted by the 2nd Defendant to the 3rd Defendant.

(b) A DECLARATION that the 1st Defendant who did not contest the Primary Election aforesaid as mandated by Article 17.2 (b) of the guidelines for Primary Election 2006 issued pursuant thereto, was not qualified to be nominated by the 2nd Defendant as its Gubernatorial candidate in the 14th April, 2007 Governorship Election in Niger State.

(c) A DECLARATION that the 1st Defendant who did not contest the Primary Election aforesaid was not the lawful candidate to contest the 14th April, 2007 Governorship Election in Niger State on the platform of the People’s Democratic Party, the 2nd Defendant.

(d) A DECLARATION that by virtue of the provisions of section 32(5) of the Electoral Act, 2006 it is only a court of law that can disqualify the Plaintiff who was duly nominated as the Governorship candidate of the 2nd Defendant in the 14th April, 2007 Governorship Election in Niger and whose name and particulars were submitted by the 2nd Defendant to the 3rd Defendant as such.

(e) A DECLARATION that the option of changing or substituting the Plaintiff with the 1st Defendant is only exercisable by the 2nd Defendant in strict compliance with the provisions of section 34(2) of the Electoral Act, 2006.

(f) A DECLARATION that the sudden substitution of the Plaintiff s name with the 1st Defendant’s lacked any merit and constitutes a deliberate and fragrant infraction of the provision of section 34(2) of the Electoral Act, 2006.

(g) A DECLARATION that the nomination of the 1st Defendant as the Gubernatorial candidate of the Peoples Democratic Party at the said Election and the acceptance thereof by the 3rd Defendant is VOID AB INITIO

(h) A DECLARATION that the Plaintiff, whose name was unlawfully and unjustifiably removed as the Governorship candidate of the 2nd Defendant in the 14th April, 2007 Governorship Election remains the candidate of the Peoples Democratic Party in the eyes of the law.

(i) IN THE PREMISES OF THE FOREGOING, AN ORDER directing the 1st Defendant to immediately vacate the coveted seat of the Governor of Niger State.

(j) A FURTHER ORDER directing the relevant authorities to immediately inaugurate and or swear in the Plaintiff as the Executive Governor of Niger State.