Abdulkadir Jibrilu V. Muhammad Kabir Jibril & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MARY U. PETER-ODILI, J.C.A. ( Delivering the Leading Judgment)

This appeal stems from the Ruling and Judgment of the National Assembly/Governorship and Legislative Houses, Election Tribunal sitting in Kaduna delivered on 16th August, 2007 and 16th April, 2008 respectively, by which the Appellant’s motion to substitute petitioner’s witness statements accompanying the petition with the petitioners witnesses statements on oath attached thereto was refused and the petition dismissed.

FACTS BRIEFLY STATED:

The Appellant was the candidate of the All Nigerian Peoples Party (A.N.P.P.) at the 28th April, 2007 Kaduna State central senatorial District Election. The 1st Respondent was a candidate of the Peoples Democratic Party (PDP) at the said Election. The 2nd and 3rd Respondents were the statutory body and agent respectively which conducted the said 28th April, 2007 Kaduna central senatorial Election in Kaduna.

At the close of the election the 2nd respondent declared the 1st Respondent as the winner of the Election and duly returned him elected as the Senator for Kaduna central senatorial District of Kaduna state. Dissatisfied with the declaration and return the Appellant filed a petition on 29th May, 2007 before the National Assembly/Governorship and Legislative House election Tribunal to challenge the election and return of the 1st Respondent aforesaid. The only ground of the Petition being that 1st Respondent was not duly elected by majority of lawful votes cast and alternatively that the election was invalid by reason of corrupt and unjustifiable practices and non-compliance with the Provisions of the Electoral Act, 2006.

On being served with the petition the 1st Respondent entered a conditional appearance and filed a Motion dated 18/6/2007 whereby he challenged the competence of the petition. Arguments were taken and on the 8th July, 2007, the Tribunal dismissed the said Objection.

The Appellant filed a Motion dated 17th July, 2007 on the same date whereby he sought for an order substituting the petition with petitioner’s statements on Oath attached thereto as exhibits A1 – A18 and arguments were taken in respect of same. The Tribunal in its ruling of 16h August, 2007 refused the said motion and struck it out.

At the hearing of the petition, the Appellant called two witnesses and tendered several documents through his counsel from the Bar. The documents were produced upon a subpoena duces tecum issued on INEC and admitted and marked as Exhibits A – ZZ by the Appellant’s witnesses made any reference to or identified the several documents tendered from the Bar. At the end of the Appellant’s case, the 1st Respondent elected not to lead any evidence. Thereafter counsel to parties adopted their respective written addresses and in the judgment delivered on 16th April, 2008, the Tribunal dismissed the petition and affirmed the return of the 1st Respondent as Senator representing Kaduna Central Senatorial District of Kaduna State.

Dissatisfied with the judgment the Appellant filed a Notice of Appeal dated 7th May, 2008 on the same date containing nine grounds which shall be captured below without the particulars.

GROUNDS OF APPEAL: – (without the Particulars) viz:-

GROUND ONE:

ERROR IN LAW:

The Lower Tribunal erred in law when it held that “In the instant case, we have already held that the quality of evidence is not good enough to substantiate the allegation made in the Pleadings…

The detailed analysis on pages 27-242 of the Petitioner’s address has not been disclosed by the evidence before us. The Petitioner’s address is an invitation for this Tribunal to embark upon an investigation in order to discover these facts, the truth of which could have been challenged by fresh contrary evidence if they had been disclosed by any of the petitioner’s witnesses. We would and do hereby resist this invitation as it clearly falls within the ambit of investigation which the tribunal is forbidden from embarking upon”.