Alhaji Garba Sarki Mohammed V. Hajiya Rabi Mohammed (2007)

LawGlobal-Hub Lead Judgment Report

ALFRED P. EYEWUMI AWALA, J.C.A.

This appeal by the 1st respondent/appellant (hereinafter called “the appellant”) is predicated on the judgment of the Governorship and Legislative Houses Election Tribunal (hereinafter called “the lower tribunal”) holden at Bauchi delivered on 10/8/07 in the petition No. NALGH/EPT/BA/3/07 filed on 11/5/07 by the respondent who was petitioner thereat.

The facts of this appeal as can be gleaned from the record reveal that the appellant contested the general election held nationwide on 14/4/07 under the platform of the All Nigerian People’s Party (ANPP), while the respondent contested under the platform of the Peoples Democratic Party (PDP). There were six other respondents at the lower tribunal but are not joined as parties in this appeal.

At the end of the polls, the appellant was credited with 7,327 votes as against 6695 votes to the respondent. The appellant was returned as the winner by INEC. The respondent was dissatisfied with the result and filed a Petition at the Election Tribunal holden at Bauchi and she prayed for the following in paragraph 6 of the petition:-

“(i) That the election of the 1st respondent was invalid by reason of corrupt practices and non-compliance with the provision of the Electoral Act 2006.

(ii) That the 1st respondent was not duly elected by majority of lawful votes cast at the Election.”

Reliefs claimed:-

“(a) That it be declared that the exclusion of the votes won by the petitioner from the election that took place at Gwaram and Zadawa wards is wrongful.

(b) That it be determined that the 1st respondent was not duly elected as the member representing Hardawa State House of Assembly constituency, not having polled majority of the lawful votes cast at the election.

(c) That it be declared that the petitioner having scored the highest number of valid votes at of the election is the winner of the election and be returned accordingly.

(d) And any other order or orders as the Honourable tribunal may deem fit to make in the circumstances.”

The respondent/appellant filed a reply to the petition and a joint reply was also filed by the 2nd-7th respondents respectively. The petition was heard by the lower tribunal on 2/7/07. At the hearing the respondent testified, as PW2 and called 4 other witnesses. On the other hand, the appellant who was the 1st respondent at the lower tribunal did not testify but called 3 witnesses (RW1 to RW3) while 2nd to 7th respondents called one witness, one Bashir Shehu as RW4.

At the conclusion of the trial and after the submissions by the learned counsel for the parties, the tribunal in a reserved judgment delivered on 10/8/07 held, inter alia, that the respondent was duly elected and declared her the winner of the election, nullifying the election of the appellant in accordance with the provision of section 147(1) of the Electoral Act 2006 and ordered as follows:-

“(a) That the 2nd and 3rd respondents to withdraw forthwith the certificate of return issued to the appellant as member representing Hardawa constituency into the Bauchi State House of Assembly;