Alhaji Muhammad Attahir & Anor. V. Ibrahim Khalid Mustapha & Ors. (2008)

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ABUBAKAR ABDULKADIR JEGA, J.C.A.

This appeal arose out of the petition dated and filed on 25/05/07 at the National Assembly Election Tribunal, Holden at Kaduna. The ground of the petition is that –

“The purported election of the 1st Respondent into the House of Representatives Abuja on 21/04/07 was invalid by reason of corrupt practices and non-compliance with the provisions of the Electoral Act.”

The particulars of the forgery were that the votes recorded for the 1st Respondent were incorrect because the statement of results of various polling stations were altered to increase the scores of the 1st Respondent and reduce those of the 1st Petitioner.

The particulars of non-compliance were that the Petitioner will rely on Forms EC8A, EC8B, EC8C, EC8D and other documents to show that the Respondents misconducted the Election in Soba, Rahama, Gamagira, Danwata, Maigana, Kinkiba, Richifa, Kwasallo, Turawa Danwata and Garu in order to favour the 1st Respondent.

The Appellants as Petitioners prayed the lower Tribunal for the following reliefs:-

1. “A declaration that the 1st Respondent was unlawfully declared or returned as the elected member of the Soba Federal Constituency in the Federal House of Representatives Election (hereinafter called the Election) held on 21/04/07.
2. A declaration that the Soba Federal House of Representatives election held on 21/04/07 be set aside on the Grounds of corrupt practices and non-compliance with the provisions of the Electoral Act.
3. An order declaring the 1st Respondent who scored the majority of the lawful votes cast in the election as the duly elected member of the Federal House of Representatives representing Soba Federal Constituency.

IN THE ALTERNATIVE-

4. An order directing that a fresh election into the Federal House of Representatives be held in Soba Federal Constituency.
5. Any other order(s) as the Tribunal may deem fit to make Pursuant to the Constitution of the Federal Republic of Nigeria 1999 and the Electoral Act 2006.
6. The cost of the petition.”

After the pre-hearing sessions, the lower Tribunal issued report in which 3 issues for determination were agreed and settled.

(a) “Whether the declaration or return of the 1st Respondent was lawful.

(b) Whether there are facts to show that the election was marred by corrupt practices or that the election was conducted in contravention of the provisions of Electoral Act.

(c) Whether the 1st Respondent won the election by majority of lawful votes.”

The appellants as petitioners called 12 witnesses and tendered Exhibits A-K. The 1st & 2nd Respondents did not call any witness although they filed deposition of 11 witnesses which they never adopted and tendered Exhibits L-W from the bar. The 3rd to 16th Respondents did not call any witness although they filed the deposition of one witness which they never adopted. On 23/10/07. The Petitioners’ counsel adopted his written address filed on 08/10/07; the 1st & 2nd Respondents’ counsel adopted his written address filed on 16/10/07; and the 3rd to 16th Respondents’ counsel adopted his written address filed on 19/10/07.

On 08/11/07, the Tribunal delivered its judgment holding that the 1st Respondent was duly elected by a majority of lawful votes cast in the election, the petitioners having failed to rebut the presumption that the results declared by the 3rd Respondent was genuine and authentic.

This appeal is against the judgment of the Tribunal. The Notice of Appeal dated and filed on 21/11/07 contains 8 grounds of Appeal and 3 reliefs.