Alhaji Muhammadu Maigafu Dingyadi & Anor V Independent National Electoral Commission (2010)

LAWGLOBAL HUB Lead Judgment Report

MUHAMMAD, JSC

The salient facts giving rise to the applications pending before this court are that Governorship Election was held in Sokoto State on the 14th day of April, 2007. The 2nd respondent herein Aliyu Magatakarda Wamakko, who was fielded by the PDP was returned as the winner of the said election having scored the highest number of votes cast. The 1st appellant/applicant, Alhaji Muhammadu Maigari Dingyadi, who had contested the same election as the candidate of the Democratic Peoples Party DPP, scored the second highest number of votes. He was not satisfied with the results of the election and he filed a petition before the Governorship and Legislative Houses Election Tribunal, Sokoto, challenging the declaration and return of the 1st respondent as the winner. The petition was dismissed. There was an appeal by the appellants to the Court of Appeal Kaduna. The appeal was allowed. The election of the 14th day of April, 2007, was nullified. The Court of Appeal, Kaduna ordered fresh election between the same candidates and same parties as appeared in the statement of result sheet. Fresh election was accordingly conducted on the 24th of May, 2008. The 2nd respondent still won with overwhelming votes. Dissatisfied with this result, the appellants filed a petition before the Sokoto Governorship Tribunal in petition No. SS/EPT/GOV/1/2008.

At the end of hearing, the Tribunal dismissed the petition on lack of jurisdiction to interpret the judgment of the Court of Appeal Kaduna. The appellants appealed to the Court of Appeal Sokoto in Appeal No. CA/S/EP/GOV/10/09, which is still pending in that court.

Meanwhile the appellants had filed on 25/8/08 a suit before the Federal High Court, Abuja, through originating summons in suit No., FHC/ABJ/CS/260/08 praying for the interpretation of the judgment of the Court of Appeal, Kaduna Division. On the 17th of July, 2008, the Federal High Court, Abuja, dismissed the suit on the, ground that it has no jurisdiction to interpret the judgment of the Court of Appeal, Kaduna. The appellants were further dissatisfied with the said judgment of the Federal High Court, Abuja, and they appealed to the Court of Appeal, Abuja Division, in appeal No.CA/A/278/08. While this appeal was pending, the appellants filed an application in the Court of Appeal Abuja for leave to raise fresh issue not raised at the Federal High Court i.e. the Federal High Court Abuja had jurisdiction to enforce the judgment of the Court of Appeal, Kaduna. The application was opposed and in its ruling of 30th November, 2009, the Court of Appeal Abuja Division, refused to grant the prayer to raise fresh issues. It is against this ruling that the appellants appealed to this court vide their Notice of Appeal dated 14th day of December, 2009. The appeal before this court is thus an interlocutory appeal.

Since the filing of the Notice of Appeal as aforesaid which was also done on the 14th of December, 2009, this court has been inundated with series of processes ranging from motions, affidavits and counter affidavits; Notice of withdrawal of appeal, Notice of opposition to withdrawal of appeal etc. Below are the processes I have noticed in the appeal file made available to me by the Registry:

i. Motion on Notice dated 18/3/2010, filed by the appellants/applicants on the 19/3/2010 for an order of this court bringing forward the next adjourned date in this matter etc

ii. Motion on Notice dated 23/3/2010 filed by the 1st respondent on same date. It is an order directing the parties to file written briefs etc.

iii. Motion on Notice dated 29/3/2010 and filed on same date by the 1st respondent for an order of this court preserving the RES etc.

iv. Notice of Opposition to withdrawal of appeal dated and filed by the 1st respondent on 1/3/2010.

v. Motion on Notice dated and filed on 12/2/2010 by the 2nd respondent for an order granting a departure from the Rules etc;

vi. Motion on Notice dated and filed on 10/3/2010 by 2nd respondent for an order of this court striking out the Notice of withdrawal of appeal filed by the appellants on 12/2/2010 but dated 22/1/2010;

vii. Motion on Notice for an order setting aside the Ex-parte order made by this court in chambers on 10/3/2010. The motion was dated and filed by the 2nd respondent/applicant on 12/3/2010.

viii. Motion on Notice dated and filed by the 2nd respondent/applicant for an order extending the time for the 2nd respondent/applicant to file a cross-appeal.

ix. Motion on Notice dated 7/4/2010 and filed on 8/4/2010 by 3rd respondent for an order setting aside the ex-parte order made by this court in chambers on 10/3/2010 etc.