Independent National Electoral Commission & Ors V. Ali Bala & Ors (2009)

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IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.

This instant appeal is against the judgment of the Plateau State Governorship and Legislative Houses Election Tribunal which was delivered on 4th December, 2007 in Petition No. PL/L/HEPT/6/2007.

The 1st and 2nd Respondents were the two petitioners in the petition in question. The 1st – 3rd Appellants and the 3rd Respondent in this appeal were the 1st – 4th Respondents in the said petition respectively. The five reliefs prayed for by the Petitioners in the petition are to the following effect:

(a) It is determined that the 1st Petitioner though validly nominated but was unlawfully excluded by the 1st Respondent.

(b) It be determined that the election or return of the 4th Respondent, made by the 2nd Respondent on the 17th April, 2007 in the election of 14th April, 2007, for the Dengi Constituency, be nullified.

(c) It be determined that the said WOKDUNG ADAMU ABBAS (4th Respondent), was not duly elected or returned at the election of 14th April, 2007.

(d) It be determined that the Petitioners are entitled to have their party name and symbol, on the ballot papers for the election into the Dengi Constituency, of the Plateau State House of Assembly.

(e) It be determined that the 1st Respondent conducts a fresh election into the Dengi Constituency of the Plateau State House of Assembly, with the Petitioners as candidates in the said election.

The Respondents filed their respective replies to the petition. The Petitioners equally filed a reply to the Respondents reply.

At the conclusion of the pre-hearing session, the petition proceded to hearing during which the Petitioners called one witness and tendered nine exhibits, which were admitted as exhibits P1 – P9 respectively. The 3rd Respondent called two witnesses, but tendered no exhibit. The Appellants equally called one witness, but tendered no exhibit.

At the conclusion of hearing of the petition, parties filed their respective addresses which they duly adopted on 15th October, 2007, resulting in reserving the petition for delivery of judgment. The Lower Tribunal eventually delivered judgment on 4th December, 2007, to the effect, inter alia, as follows:

“We are satisfied that the Petitioners have been unlawfully excluded from this election and certain of the electorates disenfranchised thereby. We answer issue number 2 in the affirmative and hold that the non-inclusion of the name and logo of the 2nd Petitioner in the ballot paper used for the election into the Plateau State House of Assembly on 14th April, 2007 is a violation of section 45(1) of the Act.

In the result, we hold that the Petitioners have succeeded in proving both the first and second grounds of this petition.

Accordingly, judgment is hereby given in favour of the Petitioners, firstly, on the ground that the petitioner was validly nominated as the candidate of the second petitioner but was unlawfully excluded from the election; and secondly, on the ground that the election was invalid for non compliance with the provisions of Section 45(1) of the Act.