Alh. Muhammadu Maigari Dingyadi & Anor. V. Aliyu Magatakarda Wamako & Ors. (2008)

LawGlobal-Hub Lead Judgment Report

AHMAD OLAREWAJU BELGORE, J.C.A.

Governorship election was held in Sokoto State on the 14th day of April, 2007 and the 4th Respondent herein as the State Returning Officer for the Governorship election declared the following results:-

S/N CANDDATE PARTY VOTES

1. ABBAKAR CHKA M. SARKIN YAKI ANPP 32,152
2. MUHAMMADU MAIGARI DING YADI DPP 296,419
3. AHAMED BELLO AHMED AD 3,365
4. ABDULWAHAB YAHAYA GORONYO UNDP 3,572
5. DR. UMAR BELLO AC 9,706
6. AMINU A. SALAHTAUMA CPP 7,931
7. ALH. ABDULLAHI UMAR FAROUK APGA 8,283
8. ALIYU MAGATAKARDA WAMAKO PDP 392,258
9. BELLO IBRAHIM GUSAU PPA 5,931
10. ABUBAKAR GARBA ALHAJI ADC 6,065

Aliyu Magatakarda Wamako (the 1st Respondent herein) was returned as the winner of the election having scored the highest number of votes cast. The 1st Respondent contested the election under the banner of the Peoples Democratic Party (hereinafter referred to as PDP).

Alhaji Muhammadu Maigari Dingyadi the 1st Appellant herein, who had contested the election as the candidate of the Democratic Peoples Party (hereinafter referred to as DPP) and scored the second highest number of votes was not satisfied with the results of the election and filed a petition before the Governorship and Legislative Houses Election Tribunal, sitting in Sokoto, challenging the declaration and return of the 1st Respondent as the winner. All the other 42 respondents herein were also the respondents before the Governorship and Legislative Houses Election Tribunal (now called “The Tribunal”). The election was conducted by the Independent National Electoral Commission, the 3rd respondent (hereinafter referred to as “INEC”).

The grounds upon which the petition was brought before the tribunal were stated in paragraph 9 of the petition which is hereunder reproduced: –

“9. Your Petitioner states that the 1st Respondent, Aliyu Magatakarda Wamako, was not validly returned as the person duly elected on the following grounds:-

(i) The 1st Respondent was not qualified to contest the election, is (sic) nomination to contest the election being (sic) was void, having been sponsored for the election by All Nigeria Peoples Party, to which he belonged, as against the Peoples Democratic Party, on whose platform he was placed on the ballot at the election

(ii) The election was invalid by reason of corrupt practices and/or noncompliance with the provision of Electoral Act, 2006; and

(iii) The 1st Respondent was not duly elected by majority of lawful votes cast at the election.

(iv) The 4th Respondent as the returning officer at the election wrongfully failed to return 1st petitioner as duly elected as governor of Sokoto State in breach of Section 70 of the Electoral Act. ”

The facts upon which the Appellants relied in bringing their joint petition were stated in paragraphs 11, 12, 13 and 14 of the petition thus: –

“11. NONE- QUALIFICATION OF THE 1ST RESPONDENT:

(i) The 1st respondent was nominated by All Nigeria Peoples Party as its governorship candidate to contest in the election of 14h April, 2007, and the 1st Respondent in turn, nominated Senator Bello Jibril Gadaas his running mate.