Air Commodore Salisu Yusha’u Abdullahi (Rtd) & Ors v. Independent National Electoral Commission (INEC) & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, JCA (Delivering the leading judgment)

Appellants filed this appeal on 7th April, 2023, against the Interlocutory decision of Kano State National and State Houses of Assembly Election Petition Tribunal, in suit No. EPT/KN/HR/19/2023, delivered on 5th April, 2023, whereof the tribunal struck out a motion on notice, filed by appellants on 31/3/2023, to restrain the 1st respondent from conducting the re-run/supplementary Election, scheduled to hold on 15th April, 2023, for the office of House of Representatives, Doguwa/Tudunwada Federal Constituency.

The Election in the said Federal Constituency conducted on 25th February, 2023, had been declared Inconclusive by the 1st respondent (INEC).

At the Election, conducted by the 1st respondent on 25/2/2023, the 2nd appellant (N.N.P.P) had sponsored the 1st appellant at the said election to the Federal Constituency office, while the 3rd respondent (APC) had sponsored the 2nd respondent in the said election.

At the end of the election exercise, the 2nd respondent was declared the winner, but because the returning officer of the constituency made a report to the 1st respondent, to the effect that the declaration and return of the 2nd respondent as winner was made under duress the declaration was cancelled by INEC, appellants therefore filed a petition at the tribunal challenging the declaration and return of the 2nd respondent as the winner of the Election, on 17/3/2023.

Subsequently, the 1st respondent reviewed its decision and set aside the declaration and return of the 2nd respondent, declaring the said Election Inconclusive and opted to conduct a re-run/supplementary election, in 13 polling units of the Constituency. Hence the motion on notice by appellants, to stop the re-run/supplementary election.

In the motion, appellants sought the following reliefs:

(1) An order granting leave to the petitioners/applicants to move this application before the pre-hearing session of this honourable tribunal.

(2) An order restraining the 1st respondent from conducting the re-run/supplementary election scheduled to hold on the 15th April, 2023 for the office of House of Representatives Doguwa/Tudunwada Federal Constituency, the return of which is being challenged before this in honourable tribunal in petition No. EPT/KN/HR/19/2023 duly served on the 1st respondent.

(3) An order directing the 1st respondent to maintain the status quo ante bellum pending the hearing and determination of the petition No. EPT/KN/HR/19/2023 filed and pending before this court. (See pages 268, 269 of the records of appeal)

After hearing the above application, the tribunal, Coram:

(1) Hon. Justice L. B. Lawal-Dkapo (Chairman)

(2) Hon. Justice Thelma Achom (Member 1)

(3) Chief Magistrate Abdulrahman Idris (Member 2), held that it had no jurisdiction to entertain the Motion and struck it out. (See pages 319 to 323 of the records of appeal)