A.A. Maikori V. Dabo Mohammed Lere & Ors (1992)

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SULU-GAMBARI, J.C.A. 

This appeal was the third taken today. At the hearing, learned Senior Advocate Mr. Sofunde, drew our attention to the fact that the Notice of Appeal was filed on 28/2/92 and by virtue of Decree No. 50 of 1991 an election petition must be heard and determined within one month of the filing of Notice of Appeal. See SCHEDULE 6 paragraph (3) of Decree No. 50 of 1991. It became imperative that the hearing of the appeal must be completed and judgment delivered today.

In the Kaduna State gubernatorial election held on 14/12/91, the contest of which was between Alhaji Mohammed Dabo Lere on the platform of the NRC and Ango Abdullahi on the platform of the SDP, the former was declared elected by the 3rd and 4th Respondents.

Following the announcement of Alhaji Mohammed Dabo Lere as the person elected as the governor of Kaduna State, Mr. A.A. Maikori on 13/1/92 presented a petition against the election and the Return of Dabo Lere as the Governor.

Professor Ango Abdullahi also presented a petition against the election and return of Dabo Lere as the Governor. The tribunal dismissed both petitions and both petitioners filed their appeals before this Court.

Professor Ango Abudullahi thought it best to withdraw his own appeal and this Court struck out same and I think it is wise for the professor to have decided to withdraw the appeal.

The appeal before us now is in respect of the Petition presented by Mr. A.A. Maikori at the Tribunal against:

1. Dabo Mohammed Lere
2. National Republican Convention Kaduna State
3. Resident Electoral Commission Kaduna State and
4. National Electoral Commission Kaduna State.

The petitioner stated:

“that the Social Democratic Party primary elections pursuant to ARTICLE 18 SCHEDULE 3 (iii) of the Social Democratic party, Constitution was organised and conducted by the party on the 19th day of October, 1991 and at the end of the said party primary elections the petitioner and one Professor Ango Abdullahi emerged as the two with the highest votes in the Gubernatorial primary elections”.

He relies on the following grounds for his petition:

(a) That consequent upon the result of the party’s primary elections held on 19/10/91 the Social Democratic Party organised and conducted run-off elections pursuant to ARTICLE 18 Schedule 3(v) of the Social Democratic party Constitution between the petitioner and one Professor Ango Abdullahi, the said run-off election was held on 9/11/91.

(b) That consequent upon the Social Democratic Party’s run-off elections held on 9/11/91, the petitioner WON the run-off election.

(c) That INSTEAD of declaring the petitioner as the validly elected candidate to contest the Governorship election held on 14/12/91 under the sponsorship of the Social Democratic Party for Kaduna State one professor Ango Abdullahi was declared winner.

(d) That the Petitioner being aggrieved with the said false declaration of Professor Ango Abdullahi as the WINNER of the 9/11/91 runoff election challenged the said false declaration at the High Court of Justice at Zaria via Writ of Summons Suit No. KDA/Z/89/91 dated 18/11/91.