Alh. Yau Isa Mai Alewa V. Sokoto State Independent Electoral Commission (2007)

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KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A.

The appellant in this appeal was elected Chairman of Goronyo Local Government Council, Sokoto State sometime in 1990 and again in 1998. On 21/2/2000, the Governor of Sokoto State assented to a bill titled, Local Government Law 2000, which the Sokoto State House of Assembly had hitherto passed into law. Section 13 (4) of the law provides:

“No person shall be qualified for election to the office of Chairman if he has been elected into such office at any two previous elections”.

In April 2002, the appellant informed his party of his intention to contest the post of Chairman, Goronyo Local Government once again on the expiration of his current term.

He was advised by his party that pursuant to directives from the respondent (Sokoto State Independent Electoral Commission), he was not eligible to contest having regard to the provisions of Section 13 (4) of the Local Government law 2000. The respondent confirmed this position when the appellant wrote to it seeking clarification. Consequently, the appellant filed an Originating Summons against the respondent before the High Court of Sokoto State on 3/6/02 for the determination of the following questions:

1. “WHETHER the application of the provision of Section 13(4) of the Local Government Law 2000 of Sokoto State (as amended) which came into force on the 21st day of February 2000 is retroactive.
2. WHETHER the plaintiff who was elected as Chairman of Goronyo Local Government Council of Sokoto State on two consecutive occasions prior to the coming into force of the Local Government Law 2000 of Sokoto State (as amended) is a person affected by the disqualification spelt out in Section 13(4) of the said Local Government Law such that he is forthwith disqualified from being elected into the same office solely on that ground of disqualification.”

The appellant also sought the following reliefs:

a) “A DECLARATION that the provisions of Section 13(4) of the Local Government Law 2000 of Sokoto State (as amended) which Law came into force on the 21st day of February 2000 is not retroactive.

b) A DECLARATION that as the Local Government Law 2000 of Sokoto State (as amended) came in10 force on the 21st day of February 2000, “any two previous elections” contemplated by section 13(4) of the said Law are elections conducted only in pursuance of the said Local Government Law 2000 of Sokoto State (as amended).

c) A DECLARATION that as the plaintiff has never been elected into the office of Chairman, Goronyo Local Government Council of Sokoto State in pursuance or in contemplation of the Local Government Law 2000 of Sokoto State (as amended), he is not a person affected by the disqualification spelt out in Section 13(4) of the said Law.

d) An order of perpetual injunction restraining the Defendant, its Servants, Agents or Privies from disqualifying the said plaintiff from contesting any future election to the office of Chairman of Goronyo Local Government Council of Sokoto State on ground only as spelt out in Section 13(4) of the Local Government Law 2000 of Sokoto Slate (as amended) UNLESS AFTER the plaintiff has been elected into the said office on two consecutive occasions in an election conducted in pursuance of the Local Government Law 2000 of Sokoto State (as amended).

e) SUCH further order of other orders as this Honourable Court may deem fit to make in the circumstance.”

The originating summons was supported by a 12 paragraph affidavit with two exhibits attached. The defendant filed a 5 paragraph counter affidavit in response. Learned counsel for the respective parties subsequently addressed the court. In a considered judgment delivered on 11/10/02 the learned trial Judge at page 29 of the printed record held as follows:

“In conclusion, the main issue calling for determination having been considered and answered in the affirmative, I he Plaintiff is and hereby (sic) disqualified from contesting for the third time to the office of Chairman Goronyo Local Government Council of Sokoto State.

The disqualification is by virtue of the Local Government Law 2000 prescribes (sic) under Section 13 (4) of same.”