Adamu Shehu Suleiman V. Salisu Zakari & Ors (2009)

LawGlobal-Hub Lead Judgment Report

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A

The instant appeal is against the judgment of the Governorship and Legislative Houses Election Tribunal, Sitting in Bauchi State, which was delivered on 25/9/2007, thereby dismissing the Appellant’s petition No. NAGLH/EPT/BA/18/07 filed against the 1st- 5th Respondents.

It is a notorious fact, that the 3rd – 5th Respondents had conducted an election into the House of Representatives for Ningi/Warji Federal Constituency of Bauchi State on 21/4/07. The Appellant allegedly contested the said election upon the platform of the 2nd Respondent. He claimed to have been duly nominated by the 2nd Respondent. His name was resultantly cleared and published by the 4th Respondent on 15/3/07 in the list of all the contestants for the Ningi/Warji Federal Constituency seat in question; the futile attempt to substitute him with the 1st Respondent notwithstanding. However, at the conclusion of the election and collation of the results thereof, it became obvious that the 5th Respondent declared and returned the 1st Respondent as the winner instead of the Appellant.

Thus, on 18/7/07, having been dissatisfied with the result of the election, the Appellant filed in the lower tribunal a 25 paragraphed petition (No. NAGLH/EPT/BA/18/07) challenging the declaration and return of the 1st Respondent. The petition was predicated on a total of seven grounds, to wit:

24. And your petitioner states that the facts and grounds upon which he relies for this petition are as follows:

a. The 1st Respondent who was not nominated for the election into the House of Representatives for the Ningi/Warji Federal Constituency and was therefore not screened and cleared by INEC the 4th Respondent herein as at 13th February, 2007. The last day for the substitution of candidates by political parties as prescribed by section 34 (1) of the Electoral Act, 2006 could not and should not have been returned by the 3rd – 5th Respondents as duly elected in the said election as he was not qualified to contest and never contested the elections into the House of Representatives to represent Ningi/Warji Federal Constituency.

b. That the petitioner was duly nominated by the 2nd Respondent and was screened and cleared by INEC the 4th Respondent herein following his compliance with all the necessary conditions imposed by the said 4th Respondent.

c. That the 2nd Respondent never nominated the 1st Respondent nor was he ever screened and cleared by INEC the 4th Respondent herein as at the 13th February, 2007 which was the last date for the exercise.

d. That the petitioner was a candidate at the election on the ticket of the 2nd Respondent as he was not validly and or lawfully substituted as at the proper date of substitution as prescribed by Section 34 (1) of the Electoral Act, 2006 neither was he ever communicated any purported substitution and he vigorously and painstakingly campaigned and ultimately won the election at the poll of 21st April, 2007 with a total of votes.

e. That on or about the 22nd April 2007 the 5th Respondent, agent of the 3rd and 4th Respondents declared that the 1st Respondent, who was not and ought not to have been a candidate at the election, was duly elected in fragrant and total violation of the Electoral Act 2006.

f. That the exclusion of the petitioner from the election for which he was validly nominated, screened and cleared by the 4th Respondent and for which he vigorously campaigned, was in gross violation of the electoral Act, 2006 and therefore unlawful, illegal, null, void and of the effect whatsoever.

g. That the inclusion of 1st Respondent, if actually he was totally violates the provisions of the Electoral Act, 2006 since he was not a candidate up to the time when the 2nd Respondent could have validly and effectively made a substitution.

By the said petition, the Appellant had prayed the lower tribunal for the following six reliefs: a. A Declaration that the request for change or substitution of the petitioner with the 1st Respondent made by the 2nd Respondent on the 19th March, 2007 vides its letter with Reference No. ANPP/HDQ/INEC/19 signed by Sen. Sai’du Umar Kumo or any other letter for that matter and accepted by the 4th Respondent was in breach of the spirit and letter of section 34 (1) of the Electoral Act, 2006 and therefore unlawfully, illegal, null, void and of no effect whatsoever.

b. A Declaration that the publication of the name of the 1st Respondent by the 4th Respondent as the candidate of the 2nd Respondent for the house of representatives representing Ningi/Warji Federal Constituency, Bauchi State was in fragrant contravention of section 35 of the Electoral Act, 2006 and therefore unlawful, illegal, null, void and of no effect whatsoever.

c. A Declaration that the petitioner was the lawful and legitimate candidate of the 2nd Respondent for the House of Representatives representing Ningi/Warji Federal Constituency, Bauchi State in the National Assembly Election of 21st April, 2007.