Alhaji Ahmed Garba Bichi & Ors. V. Alhaji Ibrahim Shekarau & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

ZAINAB ADAMU BULKACHUWA, OFR, J.C.A.

The election into the office of the Governor of Kano State was held in as other States of the Federation on the 14th of April 2007. The candidates who were sponsored by their various parties contested for the election at the end of which the respondents declared the results of the election on the 16/4/07 as indicated hereunder:-

S/N PARTY CANDIDATE VOTE SCORED

1. AC USMAN SULE 126,235
2. AD YAHAYA MOHAMMED KABO 5,272
3. ADC MOHAMMED MUKHTAR ALI 4,211
4. ANPP IBRAHIM SHEKARAU 671,184
5. APGA ISMAILA ZUBAIRU 3,663
6. CPP MUSTAPHA BADAMASI 1,658
7. DPP BASHIRU S. NAGASHI 19,871
8. ND HAMISU L. IYANTAMA 2,826
9. NSDP MUHAMMAD MUHAMMAD 2,429
10. PAC SHEHU MUHAMMAD DALHAT 10,429
11. PDP AHMED G. BICHI 629,868
12. NDP BALAS. KOSAWA 5,876
13. PPA KABIRU B. SHARFADI 2,325
14. PRP ALHAJI HARUNA UNGOGO 1,289
15. PSP UMAR Y. DANHASSAN 18,963
16. RPN AHMED G. RIRUWAI 1,028

and Ibrahim Shekarau of the ANPP was returned and declared as elected for the seat of the Governor of Kano State. Alhaji Ahmed Garba Bichi with his deputy Engr. Abubakar Jibrin Mohammed and their party, the Peoples Democratic Party being unsatisfied with the declared results and the outcome of the election filed a petition before the Governorship and Legislative Houses Election Tribunal, Kano on the 14/5/07 (which shall henceforth be referred to as the lower tribunal) on the following grounds:

“(1) That the 1st respondent was at the time of the election disqualified from contesting the election.

(2) That the election is invalid by reason of non-compliance with the provision of the Electoral Act, 2006 and Corrupt Practices which substantially affected the outcome of the election alternatively.

(3) That the 1st respondent was not duly elected by a majority of lawful votes cast at the election and did not score one-quarter of the votes cast at the election in each of at least two-thirds of all the Local Government Areas in Kano State.”

The petition also prayed for the following reliefs;

“(1) That the gubernatorial elections held in Kano State on the 14th April, 2007 be declared null and void and of no legal effect whatsoever and that the purported declaration and return of the 1st respondent by the 4th and 5th respondents as the winner of the said election be set aside.

(2) An order for fresh gubernatorial elections to be conducted in Kano State for the election of the Governor of Kano State.

(3) And for such further or other order(s) as the Honourable Tribunal may deem fit and just to make or grant in the circumstances.”

Replying the respondents denied the allegation and contended that the 1st respondent was duly qualified to contest the election and that the election was free and fair, devoid of any corrupt practices and was conducted in substantial compliance with the provision of the 2006 Electoral Act and urged the tribunal to refuse the reliefs sought by the petitioners, dismiss the petition with substantial cost and affirm the election and return of the 1st respondent as the duly elected Governor of Kano State.

Hearing commenced before the lower tribunal after some of the respondents was dropped and the reading of the pre-hearing report, wherein the petitioners called 22 witnesses and tendered 37 documents. The first set of respondents called 19 witnesses; the 2nd set of respondents called 6 witnesses, while the 3rd set of respondents called 3 witnesses and tendered 4 exhibits collectively.

The lower tribunal formulated two issues for the determination of the petition and at the end of the trial resolved the two issues in favour of the respondents, dismissed the petition and affirmed the declaration and return of the 1st respondent by the 4th and 5th respondent as the duly elected Governor of Kano State in the judgment of 11/3/08.