Alhassan Uba Idris & Anor V. Dr. Ahmed Moh’d Salik & Ors (2009)

LawGlobal-Hub Lead Judgment Report

ABUBAKAR ABDULKADIR JEGA, J.C.A.

This is an appeal against the judgment of the National Assembly Election Tribunal Kano State delivered on the 28th day of February 2008 which dismissed the petition of the Appellants challenging the declaration and return of the 1st Respondent as the elected candidate for Dala Federal Constituency.

The facts of this appeal as can be gathered from the Record of Appeal and the briefs of argument filed by the parties are stated thus:-

The 1st Appellant and the 1st Respondent are members of the same party i.e. ANPP, the 2nd Appellant. The 2nd Appellant fielded the 1st Appellant for the 21st day of April 2007 election to the Dala Federal Constituency of the Federal House of Representatives. The 1st Appellant as the 2nd Appellant’s candidate won the election with 51,603 votes, the 3rd Respondent Tijjani Abdu Chinade (the INEC Returning officer for the election) stated that after collation and entering the name of the 1st Appellant as the 2nd Appellant’s candidate with the highest score at the collation centre, the 4th Respondent INEC Kano State Resident Electoral Commissioner showed him (the 3rd Respondent) a court Order Exhibit R2 and the Commissioner (the 4th Respondent) “cancelled the name of the 1st Petitioner, wrote the name of the 1st Respondent and endorsed the cancellation” and consequently declared the 1st Respondent as the winner of the election at the Kano State Resident Electoral Commissioner’s office (not at the collation centre for Dala Federal Constituency).

The 1st and 2nd Petitioners/Appellants were dissatisfied with the actions and conduct of INEC in cancelling the 1st Appellant’s name as the candidate of the 2nd Appellant who contested and won the election and substituting same with the name of the 1st Respondent who did not contest the election at all but was only imposed by INEC relying on an Order Exhibit R2 which:-

(a) did not direct the cancellation of the 1st Petitioner’s name as the winner of the election;

(b) was not drawn up or flow from the main Judgment of the same Federal High Court Exhibit R1; and

(c) is currently on appeal to the Court of Appeal Abuja.

The Petitioners/Appellants consequently filed a 17 paragraph petition on 17/5/07, the two sets of Respondents i.e. the 1st Respondent (the candidate who was declared the winner) on the one hand and 2nd to 4th Respondents (INEC and its officials) on the other hand opposed the petition by filing their respective replies dated 26/6/07 and 27/7/07 respectively. The Petitioners also filed a joint Reply to the petition on 5/7/07. At the conclusion of the pre-trial conferences, the only issue formulated for resolution by the Election Tribunal was:-

“Who was the candidate sponsored as between the 1st petitioner and the 1st respondent to contest election into Dala Federal Constituency on 21/4/07”.

And in its judgment the Kano State National Assembly Election Tribunal concluded its decision in these words:

“…we hold that the 1st Respondent was the candidate of the 2nd Petitioner that contested the election for Dala Federal Constituency Seat in the House of Representatives conducted by the 2nd to 4th Respondents on the 21st of April 2007 and won the said election”.

Not satisfied with the judgment of the lower tribunal, the 1st and 2nd Appellants on the 14th March 2008 filed nineteen grounds Notice of Appeal from which they have formulated six issues for determination of this Court.

The appeal was heard on the 9th of February 2009, learned counsel for the Appellants Mr. N. Jimoh informed the court that the Appellants’ brief of argument is dated and filed on 23/4/08. Learned counsel for the Appellants adopted the brief of argument. Learned counsel informed the Court that the Appellants formulated six issues for determination, he apply to withdraw Issue No.1. Learned counsel for the Appellants urged the Court to allow the appeal.