Alhaji Mohammed Mannir Yakubu V. Alhaji Ibrahim Mohammed Ida & Anor (2008)

LawGlobal-Hub Lead Judgment Report

BABA ALKALI BA’ABA, J.C.A.

On the 21st day of April, 2007, Senatorial election to the Katsina Central Senatorial District was conducted by the 2nd respondent in this appeal in which the appellant contested the said election on the platform of the All Nigeria Peoples Party (A.N.P.P.) while the 1st respondent was sponsored by the Peoples Democratic Party (PDP). At the conclusion of the said election the 1st respondent who scored 522,833 votes was declared the winner of the said election having scored the majority of lawful votes cast at the election.

By a petition filed on 16/5/07, the petitioner/appellant challenged the return of the 1st respondent who is also the 1st respondent in this appeal, as the elected Senator for the Katsina Central Senatorial District at the general election. The main ground in the petition was the qualification of the 1st respondent to contest the election as at the time of the election, the 1st respondent was not qualified to contest the election, relying on the provisions of Section 145(1)(a) of the Electoral Act, 2006. The petition contains 9 paragraphs to be found at pages 7 – 9 of the record.

The 1st respondent filed a reply to the petition containing six paragraphs at pages 38 – 40 of the record.

At the hearing, the appellant as the petitioner, testified and adopted his sworn deposition. He tendered the White Paper which was admitted in evidence and marked Exhibit “P1” and called five witnesses who testified in support of his petition. The 1st respondent also testified and adopted his sworn deposition but did not call any other witness.

At the conclusion of hearing, the Tribunal at page 163 of the record held:-

“We have gone through all the evidence placed before this Tribunal and made our findings with reasons. And for these various reasons given we find that this petition lacks merit and it is hereby dismissed.”

Dissatisfied with the judgment of the Tribunal, the appellant who was the petitioner, appealed to this Court, by his Notice of Appeal dated 11/8/07 filed on 14/8/07, containing five grounds of appeal at pages 164 – 168 of the record.

The grounds of appeal without their particulars are as follows:-

“GROUND ONE

The Petition Tribunal erred in law when it went outside the realm of its competence to hold as follows:-

“The 1st respondent did say in evidence that he was never invited and did not appear before the commission of inquiry which evidence was neither challenged nor controverted by the petitioner or counsel. This probably, explain (sic) why the commission of inquiry was merely suspicious of his action.”

GROUND TWO

The Petition Tribunal erred in law when it held that the 1st Respondent was not heard by the Judicial Commission of Inquiry out of whose findings the White Paper Exhibit “P1” was produced.