Abdullahi Ahmad & Anor V. Ahmad Hassan Jumare & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)

In compliance with the provision of section 116(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended the 3rd Respondent conducted an election into the Kaduna State House of Assembly on the 28th April, 2011. The record of Appeal disclosed that both the 1st Appellant and the 1st respondent were amongst the candidates that contested the election for Makarfi Constituency.

The 1st Respondent was returned and declared the winner of the election having scored 29,754 votes while the 1st Appellants scored 22,078 votes. Dissatisfied with the result of the election and the return of the 1st Respondent as the winner of the Election, the 1st and 2nd Appellants filed a petition at the Kaduna State National and State Houses of Assembly election petition Tribunal.

The grounds of the petition without their particulars are as follows:

“Your 1st petitioner relies on the following grounds in justification of his complaints of the 1st Respondent’s undue election:

1. AND your petitioners state that the 1st Respondent was not duty elected by majority of lawful votes cast at the election held in Makarfi State Assembly Constituency of 27th April, 2011.
2. That the election was characterized by corrupt practices perpetrated by the 1st Respondent, the representative of the 2nd Respondent and with the assistance of Security Agents that were present at the various wards and polling units of the 1st Petitioner’s Constituency.
3. The petitioners aver that the Respondents jointly and severally by themselves and through their agents committed corrupt practices or breach of Electoral Act 2011 in various places where the election took place”.

The petitioners urged the Tribunal to:

i. Determine that the State House of Assembly Election in Makarfi Constituency of 28th April, 2011, conducted by the 3rd Respondent was marred by corrupt practices, fraud and outright rigging.

ii. Determine that the 1st Respondent herein was not duly elected and did not score the lawful majority votes cast at the 28th April, 2011 State House of Assembly Election in Makarfi and ought not to have been returned by the 3rd Respondent.

iii. Determined that the total number of votes cast at the 27th April, 2011 State House of Assembly Election in Makarfi Constituency were for the petitioners and the 1st petitioner ought to have been returned by the 3rd Respondent as the winner of the said election

iv. AND to determine that the State House of Assembly Election in Makarfi Constituency of 27th April, 2011 suffered from non-compliance with the Electoral Act, 2010 as amended.

v. AN ORDER declaring the 1st petitioner as the winner of the State House of Assembly Election in Makarfi Constituency of 27th April, 2011 having scored the highest votes of the total votes case in the said election.

vi. AN ORDER compelling the 3rd Respondent to present to the 1st petitioner a Certificate of Return as the validly elected member of Kaduna State House of Assembly Election in Makarfi Constituency of 27th April, 2011.

ALTERNATIVELY

vii. AN ORDER nullifying the entire State House of Assembly Election conducted in Makarfi Local Government on 28th April, 2011 on the grounds of corrupt practices or non compliance with the Electoral Act 2010 as amended”.