Ahmadu Bello & Ors v. Independent National Electoral Commission (INEC) & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BALKISU BELLO ALIYU, JCA (Delivering the leading judgment)

This appeal is against the judgment of the National and States Houses of Assembly Election Petition Tribunal for Niger State sitting at Minna delivered on the 30th October, 2023 in respect of petition No: EPT/NG/SHA/2023 filed by the appellants as the petitioners against the respondents.

The facts that gave rise to the case are that on the 18th March, 2023 the 1st respondent (INEC) conducted elections for member representing Agwara State Constituency in the Niger State House of Assembly.

At the end of the election, it was declared inconclusive, and a supplementary election was held on the 15th April, 2023. The 1st appellant contested the elections on the platform of the 2nd appellant while the 2nd respondent was the candidate of the 3rd respondent and they all contested for the said seat along with other candidates and their respective political parties.

At the end of the elections, the 1st respondent declared the 2nd and 3rd respondents winners of the election and returned the 2nd respondent as elected member representing Agwara State Constituency in the Niger State House of Assembly, having scored 9,242 votes to the 1st appellants 8,415 votes.

The appellants did not agree with the declaration of the results, and they filed this petition relying on the following three grounds:

1. The 2nd respondent was, at the time of the election not qualified to contest the said election.
2. The 1st respondent was not duly elected by majority of lawful votes cast at the election.
3. The election and return of the 2nd respondent were invalid by reason of non-compliance with the provisions of the Electoral Act.

In the facts, they pleaded in support of the grounds of the petition, they asserted that scores of the candidates in the supplementary election held in the Papiri Ward Kwana 007 polling unit and Kashini Ward Unguwar Barmani 1,003 polling unit, and the combination of votes scored in the election of 18th March should be used to declare the winner of the election.

They asserted that a candidate can only be returned as having won the election if he is qualified to contest the election and upon securing the majority of lawful votes cast in the election which must behave been conducted in compliance with the law. On the pleaded facts in support of the grounds of the petition, the appellants prayed the tribunal for the following reliefs stated in paragraph 43 of the petition:

a) That it may be determined that the 2nd respondent as at the time of the election, is not qualified to contest the election of member House of Assembly Agwara State constituency held on 18th day of March, 2023 and which was concluded by the supplementary election of 15th April, 2023.

b) That it may be determined that the 2nd and 3rd respondents did not score the majority of the lawful votes cast in the election of member House of Assembly Agwara State constituency held on 18th day of March, 2023 and which was concluded by the supplementary election of 15th April, 2023.

c) That it may be determined that the 1st and 2nd petitioners scored the majority of lawful votes cast in the election of member House of Assembly Agwara State constituency held on 18th day of March, 2023 and which was concluded by the supplementary election of 15th April, 2023 and therefore the 1st petitioner being the candidate with the majority of the lawful votes cast, has been validly elected and entitled to be returned as the winner of the said election held on the 18th day of March, 2023 and which was concluded by the supplementary election of 15th April, 2023.

d) An order nullifying the return and declaration of the 2nd respondent as the winner of the election of Member House of Assembly AGWARA State Constituency of Niger State held on the 18th day of March, 2023 and which was concluded by the supplementary election of 15th April, 2023.

e) An order returning the 1st petitioner as the winner of the elections of member House of Assembly AGWARA State constituency of Niger State held on the 18th day of March, 2023, and which was concluded by the supplementary election of 15th April, 2023.

f) An order directing the 1st respondent to issue certificate of return to the 1st petitioner as the winner of the election of Member House of Assembly AGWARA State constituency of Niger State held on the 18th day of March, 2023 and which was concluded by the supplementary election of 15th April, 2023.