Abdullahi Illiyasu V. Alhaji Sule Lawan Shuwaki & Ors (2009)

LawGlobal-Hub Lead Judgment Report

JOHN INYANG OKORO, J.C.A.

The Appellant and first Respondent were among the candidates who contested the seat of the member representing Tudun Wada state constituency in the Kano State House of Assembly in the election held on the 14th day of April, 2007 wherein the Appellant was sponsored by the Peoples’ Democratic Party, and the 1st Respondent, by the All Nigeria Peoples’ Party. At the end of the election, the Appellant was returned and declared as the winner of the election by the 3rd to 5th Respondents who were responsible for the conduct of the elections.

The 1st and 2nd Respondents being dissatisfied with the declaration and return of the Appellant as winner filed a petition No EPT/KNS/HA/08/2007 at the Governorship and Legislative Houses Election Petition Tribunal holden at Kano seeking for the following reliefs:-

(1) A declaration that the election of the 14th April, 2007 into the State House of Assembly in Tudun Wada Constituency was inconclusive.

(2) A declaration that the 3rd Respondent does not have the capacity to declare and or return the 1st Respondent as the winner only the 2nd Respondent can validly do so.

(3) A declaration that the 1st Respondent Abdullahi Iliyasu was not duly elected or returned as the Winner of the election into State House of Assembly representing Tudun Wada in the State Constituency.

(4) A declaration that neither the 2nd Respondent nor the 3rd Respondent has the legal right to declare the 1st Respondent as a winner in the already and lawful (sic) cancelled election.

(5) An order declaring that the return of the 1st Respondent by the 2nd and 3rd Respondents after cancellation on 14th April, 2007 election is null and void.

(6) An order directing the 3rd Respondent to conduct a fresh election in the entire Tudun Wada Local Government Area into the State House of Assembly in order to determine the rightful and legal winner of the election.

(7) And for such further orders or relief as the Tribunal may deem fit to make in the circumstance.

The Appellant as Respondent and other Respondents to the petition in their respective reply denied that the petitioners were entitled to the reliefs sought from the said Tribunal and at the end of trial; judgment was delivered on the 18th day of February, 2008. The Tribunal in its judgment found that the Administrative Secretary of INEC had cancelled the election held on the 14th day of April, 2007 in Tudun Wada Local Government Area, State Constituency into the Kano State House of Assembly, and that the subsequent declaration of the result of the election and return of the Appellant as the winner of the election by the 3rd Respondent on the instruction or directive of the 5th Respondent is null and void for not being in compliance with the provisions of the Electoral Act, 2006. The Tribunal therefore, held that the election of the Appellant was invalid by reason of substantial non – compliance with the provisions of the Electoral Act, 2006 as put forward in the substance of the complaints in the petition. The tribunal then ordered as follows:-

“(1) We declare that the purported election and return of the 1st Respondent, following the inconclusive election that the 2nd, 3rd, and 4th Respondents conducted in Tudun Wada Constituency to the House of Assembly of State on 14th April, 2007, was invalid by reason of substantial non – compliance with the provisions of the Electoral Act, 2006.

(2) The 4th Respondent, independent National Electoral Commission, shall hold a fresh election in the constituency within three months of this judgment.”

Dissatisfied with the judgment and decision of the Tribunal, the Appellant filed Notice of Appeal containing three Grounds of Appeal. The said Notice of Appeal is dated the 3rd day of March, 2008 and filed on 7th March, 2008.