Abdullahi Mohammed Iyaka V. Sani Chindo & Ors. (2010)

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MASSOUD ABDULRAHMAN OREDOLA, J.C.A,

This appeal is against the decision of the Governorship and Legislative Houses Election Tribunal (hereinafter referred to as the Tribunal) sitting in Gusau. Abdullahi Mohammed Iyaka, the Appellant herein was the candidate of the Democratic Peoples Party (DPP) while Sani Chindo, the 1st Respondent herein was the candidate of All Nigeria Peoples Party (ANPP), the 2nd Respondent, for the election of member representing Gummi 1 State Constituency in the Zamfara State House of Assembly. The said election which took place on 14th April, 2007 was conducted by the 3rd Respondent who is statutorily charged with the conduct of the election through it’s agents – 4th Respondent inclusive among others. The 3rd and 4th Respondents declared and returned the 1st Respondent as the winner of the election.

Dissatisfied with the return and declaration of the 1st Respondent, the Appellant filed a petition before the Tribunal, challenging the said return and declaration of the 1st Respondent as the winner, on the ground of disqualification by reason of non resignation of his appointment as a Staff of Gummi Local Government Council, at least 30 days before the election.

All the Respondents opposed the petition and filed diverse court processes in respect thereof. After the disposal of all preliminary issues raised during the hearing, close of pleadings and at the pre-trial hearing session, it was agreed that the only issue for trial is whether or not, the 1st Respondent was disqualified from participating as a contestant in the said election, by reason of failure to resign his appointment with the Gummi Local Government; 30 days before the election as provided by law.

During the hearing before the Tribunal all the parties dispensed with oral testimonies of witnesses. The Appellant, 1st and 2nd Respondents tendered documents, which were admitted into evidence without objection. Exhibits A, B and C were duly admitted and marked accordingly. Learned counsel for the parties with the exception of the learned counsel for the 3rd and 4th Respondents, filed their written addresses after the close of hearing. In its judgment delivered on 17th July, 2007 the Tribunal found no merit in the petition and accordingly dismissed it.

Aggrieved by the Tribunal’s decision, the Appellant appealed to this Court. The notice of appeal contained two grounds of appeal. Briefs of argument were duly filed and exchanged. Two issues were formulated in the Appellant’s brief for the determination of this appeal. They are:

“(a) Whether a serious miscarriage of justice was not occasioned when the trial Judges discountenanced petitioners reply on point of law that any duly authorized public officer can certify documents.

(b) Whether the judgment of the Tribunal can stand when its entire weight is rested on a document which offends Sections 91(3) and Section 11(1) of the Evidence Act, it not being a certified true copy as required by law.”

The 1st and 2nd Respondents also distilled the following two issues for consideration and determination in this appeal.

“(a) Whether the Tribunal below properly discountenanced Exhibits A and B admitted at the instance of the Appellant.

(b) Whether the Tribunal below was right in admitting and placing reliance on Exhibit C as evidence that the 1st responder did resign or retired for his employment with Gummi Local Government Council least 30 days before the election of 14/4/07. (sic).”

Similarly, the 3rd and 4th Respondents framed two issues in their brief for the determination of this appeal. They are:-

“A. Whether the Tribunal below has properly discountenanced Exhibits A and B admitted at the instance of the petitioner (now appellant) in proof of his ground of appeal above, (sic)

B. Whether the Tribunal below was right in admitting and relying on Exhibit C as evidence that the 1st respondent has resigned from the employment of Gummi Local government Council 30 days before Election as stipulated by law, (sic)