Alhaji Ibrahim Saidu Malumfashi V. Alhaji Usman Yaba & Ors (1999)

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ROWLAND, J.C.A. 

The petitioner now appellant and the 1st respondent were candidates at the Local Government Council Election, Malumfashi Constituency held on the 5th day of December, 1998. They contested for the chairmanship seat variously under the platform of the Peoples Democratic Party (hereinafter called “the PDP”) and All Peoples Party (hereinafter called “the APP”) respectively. Consequent to the said election, the 1st respondent Alhaji Usman Umar Yaba was declared as having scored 16,931 votes and that the petitioner received a total of 15,567 votes and the 1st respondent was declared to be duly elected. The appellant being dissatisfied with that declaration filed an Election Petition on the 18th day of December. 1998, in the Local Government Council Election Tribunal Katsina State holden at Katsina, upon the grounds that the 1st respondent was not duly elected by majority of valid votes cast at the election.

The appellant further averred that the election was voided by corrupt practices, irregularities and non-compliance with the provisions of Decree No. 36, 1998 or the relevant laws.

The trial tribunal at the close of the case of the parties and the address or counsel considered the evidence adduced by the parties and the documentary evidence tendered and then came to the decision that the petition should fail in its entirety and it was accordingly dismissed.

Dissatisfied and aggrieved by the decision of the trial tribunal, the petitioner has now appealed to this court. The notice of appeal contains five grounds of appeal. From the grounds of appeal the appellant raised five issues for determination.

They read as follows:-

“2.1. The appellant humbly submits that the issues arising for determination as contained in the notice of appeal are as follows:

2.2. Whether the election in Yaba Ward of Malumfashi Local Government was conducted in substantial compliance with the principles of Decree No. 36, 1998.

2.3. Whether having regards to the state of the pleadings and the evidence adduced, the content of Form EC8A (as regards actual number of registered and accredited voters) overrides or is more authentic than the voters’ registers.

2.3(i) OR: In the alternative whether having regards to the state of the pleading and the evidence adduced, more weight ought to be given to Forms EC8A over voters registers in determining the actual number of accredited and/or registered voters.

2.4. Whether the 1st respondent was elected by majority of valid votes cast, having regard to the state of pleadings and the evidence adduced.

OR:

2.4(1) Whether the appellant proved his allegations as contained in paragraphs 3A-F of his petition.

2.5. Whether the judgment is against the weight of evidence.”