Alhaji Kashim Ibrahim & Ors V. Senator Ali Modu Sheriff & Ors (2003)

LawGlobal-Hub Lead Judgment Report

SUNDAY AKINOLA AKINTAN, J.C.A.

This is an appeal from the decision of the National Assembly/Governorship and Legislative Houses Election Tribunal sitting at Maiduguri delivered on 18 June, 2003. The 1st appellant, Alhaji Kashim Ibrahim, was a candidate at the Governorship election for Borno State held on 19th April, 2003. The 2nd appellant, Alhaji Ibrahim Umar Kida, contested for the post of Deputy Governor in the same election. Both men contested the election as candidates of the 3rd appellant, the Peoples Democratic Party. The 1st respondent, Senator Ali Modu, Sheriff also contested the same election as Governorship candidate on the platform of All Nigeria Peoples Party (ANPP).

The 2nd respondent, Alhaji Adamu Dibal, contested for the post of Deputy Governor to the 1st respondent. The 3rd respondent, Independent National Electoral Commission (INEC) is the body that conducted the elections. The 4th to the 12th respondents are the returning officers for the various Local Government Areas. They are officials of the 3rd respondent involved in the conduct of the election. Eight other political parties also sponsored candidates for the same post at the election.

At the conclusion of the elections, the 3rd respondent declared the scores of each of the candidates.

According to the results declared, the 1st respondent was credited with the highest score of 581,880 votes. He was followed by the 1st appellant’s score, given as 341,537. The 1st respondent having scored the highest votes at the election, was declared as the winner of the election by the 3rd respondent. The 1st and 2nd appellants were dissatisfied with the results declared by the 3rd respondents. The two men along with their political party, the PDP, therefore jointly filed the petition at the Borno State Governorship Election Tribunal holden in Maiduguri.

The appellants, as petitioners, prayed the tribunal for the following reliefs in paragraph 20 which is the concluding paragraph of their said petition:

“(20) Wherefore your petitioners pray that it may be determined that:

(i) The 1st and 2nd respondents were and are presently under a legal/constitutional incapacity which disqualified and continue to disqualify them from holding and thus seeking election into the office of Executive Governor and Deputy Governor of Borno State respectively.

(ii) The 1st and 2nd petitioners, being the candidates with the highest number of valid and lawful votes from among other constitutional qualified candidates in the Borno State Gubernatorial Election held on 19th April, 2003 (having polled a total of 341,537) are the winners in the said election and be declared and returned as such.

In the alternative, your petitioners pray that it may be determined that:

(iii) the above-named 1st and 2nd respondents were not duly elected or returned by the majority of lawful votes cast at the election.

(iv) the entire Governorship election conducted in Borno State on 19th April, 2003 be nullified and the return of the 1st and 2nd respondents in respect therefore be so nullified and that fresh gubernatorial election be held in Borno State.

Dated this 19th day of May, 2003

Signed: Alhaji Kashim Ibrahim-Imam