Alhaji Abubakar Habu Hashidu & Anor V. Alhaji Mohammed Danjuma Goje & Ors (2003)

LawGlobal-Hub Lead Judgment Report

SIMEON OSUJIEKPE, J.C.A.

This is an appeal by the petitioners against the judgment of the Governorship and Legislative Houses Election Tribunal Gombe State, delivered on the 9th of June, 2003. The judgment was delivered after a full trial in which 17 witnesses testified for the petitioners and also 17 witnesses testified for the respondents in the election petition.

The 1st petitioner was the executive governor of Gombe State and a candidate for Gombe State Governorship elections held on the 19th of April, 2003, throughout this country, Nigeria. He contested the said elections on the platform of All Nigeria Peoples Party (A.N.P.P. for short). The 2nd petitioner A.N.P.P. is one of the 30 duly registered political parties in Nigeria and it nominated the 1st petitioner to contest the said governorship elections in Gombe State on the platform of A.N.P.P.
The 1st respondent to the petition was also a candidate for the said Gombe State governorship elections held on the 19th of April, 2003. He contested the elections on the platform of Peoples Democratic Party (P.D.P. for short), while the 2nd respondent (P.D.P.) is also one of the registered political parties that took part in the said elections and sponsored the 1st respondent as its candidate for the said elections.

The 3rd respondent to the petition is the Independent National Electoral Commission charged with the conduct of the said elections.

The 4th respondent is the Resident Electoral Commissioner for Gombe State, while the 5th to the 17th respondents were in their different capacities, the returning officers charged with the said elections.

In paragraph 1(e) of the petition dated 1/5/2003 and jointly filed on 2/5/2003, the petitioners averred that at the end of the said elections into the governorship position of Gombe State of Nigeria, the 1st respondent was declared the winner by the 3rd and 4th respondents having allegedly, won a majority of all the lawful votes cast at the elections, since at the said elections voting was done on the basis of party symbols of the 30 registered political parties. The petitioners stated the result of the election based on the scores of the two leading political parties that took part in the elections, viz:
I. All Nigeria Peoples Party – score 468,273 votes
II: Peoples Democratic Party – score 494,562 votes

The petitioners averred that the 1st respondent was not duly elected by majority of lawful votes cast at the election and that it was the 1st petitioner that won the said elections by majority of lawful votes. The petitioners gave a breakdown of the purported results of the governorship elections in the state (Gombe State) as announced by the 3rd and 4th respondents as follows:

L.G.A.     ANPP VOTES       PDP VOTES
AKKO           57,703        86,082
BALANGA      36,492        47,138
BILLIRI         24,594        42,840
DUKKU         73,688        15,160
FUNAKAYE    59,787        41,060
GOMBE         37,190        47,015
KALTUNGO    42,432        37,317
KWAMI         48,390       30,912
NAFADA        46,943        8,787
SHONGOM    22,035        17,658
YAMALTU-DEBA 37,746   146,819

The main complaint by the petitioners was centered on the results declared by the 3rd to 17th respondents in respect of Yamaltu Deba and Akko Local Government Areas of Gombe State, where the 1st petitioner was alleged to have received 37,746 votes as against 146,819 votes received by the 1st respondent. The petitioners complained severally of reduction of the total votes scored by the 1st petitioner, in the polling units and unjustified increase or enlargement to the total scores of the 1st respondent.

The petitioners also complained that in Hinna Ward of the Local Government elections did not take place in 11 polling stations, due to the disruptive activities of the agents of the 1st and 2nd respondents, yet results for those polling stations emerged on Form EC8B and transferred into Form EC8C. And that the 1st and 2nd respondents through their agents were responsible for the non-voting at those polling stations at Hinna ward.

It was also the complaint of the petitioners that on the election day, at the time materials were about to be distributed and soon thereafter, the 1st respondent in the company of armed men and thugs, including a large retinue of mobile and regular policemen caused pandemonium at the distribution centres of Kashere and Tumu wards in Pindiga district of Akko Local Government Areas and at all the polling units in succession and all the prospective voters were forced to disperse at the sound of gun shots and teargas, which led to absence of voting. That the 2nd petitioner’s officials made complaints about non-voting due to thuggery and intimidation by the 1st and 2nd respondents’ agent. And the 4th respondent through his agents acknowledged receipt of letters of complaint and failed to investigate it, let alone redress the situation.

The petitioners therefore prayed the Election Tribunal to determine and declare that the 1st respondent was not duly elected by a majority of lawful votes and that the 1st petitioner be declared validly elected having polled the highest number of lawful votes cast at the election. Alternatively the petitioners prayed that the election in Tumu and Kashere wards of Akko Local Government be declared invalid as a result of corrupt practices and other irregularities contrary to the Election Act No.4 of 2002. That an order directing that fresh election be conducted in the said Tumu and Kashere wards of Akko Local Government of Gombe State. Also, the petitioners prayed for an order of perpetual injunction restraining the 3rd and 4th respondents from recognizing the 1st respondent as the duly elected Governor of Gombe State and restraining the 1st respondent from presenting himself for the purpose of being sworn in as the Governor of Gombe State.

After entering conditional appearances, the respondents filed their replies or answers to the petition. The 1st and 2nd respondents in their respective replies or answers, virtually denied the allegations leveled against them in the petition. They gave the overall results of the votes scored by both the 1st petitioner and the 1st respondent at the polling units and ward levels as entered in Forms EC8A(1) and EC8B(1). They also stated the overall declared results of the election as follows:
“The 1st petitioner (A.N.P.P.) 468,273 votes
The 1st respondent (P.D.P.) 494,562 votes”

Finally, they averred that the 1st respondent had a majority of lawful votes cast at the election and was returned as duly elected by the 4th respondent, and urged the Tribunal to dismiss in its entirety the prayers in the said petition.