Ahmed Tsoho & Anor V. Ibrahim M. Yahaya & Ors (1999)

LawGlobal-Hub Lead Judgment Report

MUHAMMAD, J.C.A. 

Elections into State legislature were conducted nationwide simultaneously with that of the governorship on the 9th day of January, 1999. 1st appellant as 1st petitioner at the tribunal below, contested for the membership of Kaduna State House of Assembly representing Eubau Constituency.

He was fielded by the Peoples Democratic Patty (PDP) 2nd appellant. The 1st respondent herein contested along with him. 1st respondent was fielded by the All Peoples Party (APP). At the end of the elections the 6th respondent returned the 1st respondent as the duly elected representative with 49,913 votes as against the 30,607 votes scored by the 1st appellant.

Dissatisfied with the election results, the appellants filed their petition to the Governorship and Legislative House Election Tribunal for Kaduna State. In the petition, the appellants alleged that:

“(a) The 1st respondent was at time of the election not qualified to contest and/or to be elected in the said election.

(b) The respondent was dismissed from the services of the High Court of Justice, Kaduna State.

(c) The 1st respondent’s appointment with the Kaduna State Judiciary was terminated on the ground of fraud.

(d) The purported scores recorded in Form BCBC (1) (Summary of results from wards) were forged, manipulated and false:

The appellants prayed the tribunal for the following declarations:

“(a) That the 1st respondent was not qualified to contest and/or to be elected into the Kaduna State House of Assembly.

(b) The 1st respondent was not duly elected and/or returned as his election was void.

(c) That the petitioner was duly elected and ought to have returned (sic) as duly elected having scored majority of lawful votes cast at the election.

Or in the alternative

That the election of 1st respondent is entirely void and the 2nd – 9th respondents should be ordered to conduct a fresh election forthwith.”