Alh. Hassan Kakayos Husseini & Anor V. Senator Ahmed Ibrahim Lawan & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the National and State House of Assembly Election Tribunal Holden at Domoturu, Yobe State delivered on the 2nd day of August, 2011 by their Lordships Hon. Justices Pat Onajite Kuejubola (Mrs), Edu Eze and Muhtari Yusha’u.

The petitioners called witnesses during trial as well as the 1st and 2nd Respondents. The 3rd Respondent did not call any witness of the trial. After addresses of counsel for the parties, the Tribunal in its judgment delivered on the aforesaid date dismissed the petition. Irked and obviously dissatisfied with the said judgment of the Tribunal, the Petitioners now Appellants filed a notice and grounds of appeal dated 22nd day of August, 2011 and filed on the said some day.

The brief facts giving rise to this appeal are as follows:

The 1st Appellant and the 1st Respondents contested election to Yobe North Senatorial District in the election conducted by the 3rd Respondent held on the 9th day of April, 2011. The 1st Appellant and the 1st Respondent contested the said election under the platform of Peoples Democratic Party and All Nigerian Peoples Party respectively.

The 3rd Respondent declared the 1st Respondent as the winner of the said election and the Petitioners/Applicants being dissatisfied with the declaration of the 1st Respondent as the winner of the election filed a petition before the lower tribunal.

Before the tribunal the Petitioners/Appellant in Paragraph 21 of their petition claimed the following reliefs:

“21. WHEREFORE your Petitioners pray that it may be determined that:

(a) The 1st Respondent was not properly and/or validly elected as candidate of the 2nd Respondent as Senator, representing Yobe North Senatorial District, the said election having been marred by corrupt practices and having been conducted in substantial non-compliance with the provisions of the Electoral Act 2010 (as amended).

(b) An order nullifying the April 9, 2011 National Assembly Election in the following Local Government Areas of Yobe State to wit: Yusufari, Karasuwa, Machina and order for fresh election thereat.

(c) An order for fresh election in Murza Primary School and Dalah Polling Units of Dagona Ward.

(d) Costs of this petition

(e) Any further reliefs.”

In accordance with the Practice Directions issued by the President of this Court briefs were filed and exchanged between parties and the appeal was accordingly slated for hearing.