Hon. David Iho & Anor. V. Andrew I. Wombo & Ors. (2010)

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ABUBAKAR DATTI YAHAYA, J.C.A.

On the 21st of April 2007, an election was held into the House of Representatives for Katsina-Ala, Ukum and Logo Federal Constituency. The 1st respondent was sponsored by the 2nd respondent, the All Nigerian Peoples Party, to contest the election. The 1st appellant was sponsored by the 2nd appellant, the Peoples Democratic Party. At conclusion of the election, the 1st appellent was returned as the winner, having scored 273,051 votes. The 1st respondent scored 6,701 votes. Being dissatisfied with the result, the respondents as petitioners, presented a Petition No. BE/EPT/HR/22/2007 before the National Assembly/Governorship and Legislative Houses Election Petition Tribunal holden at Makurdi, on the following grounds:-

i. Your petitioners state that the 1st Respondent was not qualified to contest for the House of Representatives election held on the 21st day of April, 2007 having been indicted for corruption. ii. Your petitioners state that the 1st Respondent was not duly elected by a majority of lawful votes cast at the House of Representative Election for Katsina-Ala,Ukum and Logo Federal Constituency held on the 21st day of April, 2007.

iii. That the election was invalid by reason of noncompliance with the provisions of the Electoral Act, 2006 (as amended) The Manual for Election Officials, 2007 and the Constitution-of the Federal Republic of Nigeria 1999.

iv. That the election was invalid by reason of corrupt practices, malpractices, undue influence, rigging and violence perpetrated by the Respondents.

They prayed for the following:-

(i) A declaration that the 1st Respondent was not qualified to contest for the election of House of Representatives for Katsina-Ala, Ukum and Logo Federal Constituency held on the 21st day of April, 2007.

(ii) A declaration that the 1st Respondent did not score the majority of lawful, votes cast at the House of Representatives Election on the 21st day of April, 2007, due to non-compliance with the provisions of the Electoral Act 2007, (sic). The Manual for Election Officials, 2007 and the Constitution of the Federal Republic of Nigeria, 1999.

(iii) A declaration that the 1st Respondent was not duly or validly returned as elected member for Katsina-Ala, Ukum and Logo Federal Constituency by the 3rd and 4th Respondents as required by the provision of the Electoral Act 2007(sic).

(iv) A declaration that the 1st Petitioner who scored the highest number of valid votes cast at the election, of the House of Representatives for Katsina-Ala, Ukum and Logo Federal Constituency, held on the 21st day of April, 2007 be returned as elected.

IN THE ALTERNATIVE,

(v) An order canceling the House of Representatives election for Katsina-Ala, Ukum and Logo Federal Constituency held on 21st April, 2007.

(vi) An order directing the Independent National Electoral Commission (INEC), 3rd Respondent to conduct fresh election for the House of Representatives for Katsina-Ala, Ukum and Logo Federal Constituency.

The petition proceeded to trial at the end of which a judgment was delivered on the 22/1/2008, nullifying the election of the 1st appellant on the ground that the election was vitiated by non-compliance with the provisions of the Electoral Act 2006, Manual for Election Officials 2007 and the Constitution of the Federal Republic of Nigeria 1999. The Tribunal ordered for a fresh election within 60 days.