Kudla M. Satumari & Ors v. Independent National Electoral Commission & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the National and State Houses of Assembly Election Tribunal, Borno State, sitting in Maiduguri, Coram: Hon. Justice M.E. Anenih (Chairman), Hon. Justice A.I. Ityonyiman (Member 1) and Hon. Justice A.O, Adeniji (Member II), in Election Petition No. EPT/BOR/SEN/02/2023: Kudla M. Satumari & Anor v. Independent National Electoral Commission & Ors, delivered on 8/9/2023, wherein the petition filed by the appellants as petitioners against the respondents was dismissed for lacking in merit.

The appellants were peeved with the said judgment and had appealed against it to this court vide their notice of appeal filed on 19/9/2023 on fifteen grounds of appeal at pages 869 – 890 of the record of appeal.

The record of appeal was duly transmitted to this court on 25/9/2023. A supplementary record of appeal was transmitted to this court on 1/10/2023.

The appellants’ brief was filed on 29/9/2023. The 1st respondents’ brief was filed on 3/10/3023. The 2nd respondent’s brief was filed on 3/10/2023. The 3rd respondent’s brief was filed on 11/10/2023.

The appellants’ reply brief to the 1st and 2nd respondents’ brief was filed on 4/10/2023. The appellants’ reply brief to the 3rd respondent’ brief was filed on 12/10/2023.

At the hearing of this appeal on 18/10/2023, the appellants were represented by Chinedu Obienu Esq, appearing with Kumawu Nenchi Esq, and Joy Bismarck Esq, who adopted the appellants’ brief and reply briefs as their arguments in support of the appeal and urged the court to allow the appeal and set aside the judgment of the lower tribunal and to grant the reliefs claimed by the appellants against the respondents in their petition filed before the Lower Tribunal.

The 1st respondent was represented by A. O. F. Phillip Esq, appearing with G. O. Elias, Esq, and N. U. Usman, Esq, who adopted the 1st respondent’s brief as their arguments in opposition to the appeal and urged the court to dismiss the appeal and affirm the judgment of the lower tribunal. The 2nd respondent was represented by Yusuf Ali SAN, appearing with Ayo Olanrewaju Esq, Yakub Dauda Esq, Oloringbe Adam Esq, Alex Akoja Esq, Abdulwasiu Alfa Esq, and A. M. Saliman, Esq, who adopted the 2nd respondent’s brief as their arguments in opposition to the appeal and urged the court to dismiss the appeal and affirm the judgment of the lower tribunal.

The 3rd respondent was represented by M. E. Oru SAN, appearing with O. Egelamba Esq, and Moses Achile Esq, who adopted the 3rd respondent’s brief as their arguments in opposition to the appeal and urged the court to dismiss the appeal and affirm the judgment of the lower tribunal.

Brief statement of facts

As can be garnered from the averments of the parties in their respective pleadings before the lower tribunal as well as the evidence, oral and documentary as led by the appellants, the respondents having not called any witness, the relevant facts in this appeal are that on 25/2/2023, INEC conducted election into the Borno South Senatorial District, in which the 1st appellant as candidate of the 2nd appellant and the 3rd respondent as candidate of the 2nd respondent contested in the said election and at the conclusion of the election, the 1st respondent, INEC, declared and returned the 3rd respondent as the winner as having scored majority of the lawful votes cast as the election. The appellants were aggrieved with the return of the 3rd respondent and had filed their petition on 17/3/2023 challenging the return of the 3rd respondent as the winner of the questioned election.

The grounds of the petition were that the

(i). That the said election was invalid by reason of corrupt practices;

(ii) That the said election was invalid by reason of non-compliance with the provisions of the Electoral Act, 2022;