Ahmed Jamilu Shabewa & Anor V. Umar Ahmed Suleman & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ALI ABUKAKAR BABANDI GUMEL, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the National and State Houses of Assembly Elections Petitions Tribunal established for Gombe State, delivered on 17th March, 2012 in election petition No: GMS/EPT/HR/1/2012.

Upon this election petition, the Appellants herein as the petitioners, sought for the following 5 reliefs.

They are:-

a. That the 1st Petitioner, the Candidate of the 2nd petitioner, was validly nominated but was unlawfully excluded from the By-Election.

b. That the By-election of 17th December, 2011 and return of the 1st Respondent be nullified and/or set aside.

c. An Order mandating the 2nd-4th Respondents to forthwith, list the name of the Petitioners and to timerously conduct a fresh election to Dukku/Nafado Federal Constituency of Gombe State in the House of Representatives.

d. That the election was invalid by reason of noncompliance with the Provisions of the Election Act.

e. That the election was void –

The grounds for the foregoing reliefs are:-

(a) That the 1st Petitioner, the candidate of the 2nd Petitioner, of the By-Election of 17th December, 2011 was validly nominated but was unlawfully excluded from the By-Election by the 2nd and 4th Respondents –

(b) That the 1st petitioner was duly qualified to contest the said By-Election having satisfied all the constitutional Requirement, party guideline and Electoral guideline

These grounds are supported by a number of averments. Series of witness statements on oath were scheduled for presentation along with documentary exhibits to prove the averments. Upon being served with the petition, the Respondents filed their respective replies. At the conclusion of pleadings, pre-hearing proceedings commenced. It was of this stage that the 1st Respondent to the Petition filed an undated application by way of a motion on notice in the nature of a preliminary objection seeking that the petition of the Appellants be struck out tor being on abuse of Court Process.

The grounds for the application are:-