Aliyu Ibrahim Gebi V. Alhaji Garba Dahiru & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal is fallout of the ruling of the National and State Assembly Election Petition Tribunal Bauchi State, which was delivered on June 23, 2011. By the ruling in question, the lower Tribunal dismissed the Appellant’s application, filed on June 15, 2011, seeking to dismiss the 1st and 2nd Respondents’ petition for lack of competence. Not unnaturally, the Appellant was dissatisfied with the decision of the lower Tribunal. Thus, he filed a notice of appeal in the registry of the lower Tribunal on July 4, 2011, which is predicated upon a total of seven ground of appeal.

FACTS AND CIRCUMSTANCES GIVING RISE TO THE APPEAL:

The facts and circumstances leading to the instant appeal are discernible from the entirety of the records of appeal itself, which was evidently transmitted to this Count on July 15, 2011. It is evident from the record, that the 1st and 2nd Respondents’ petition was dated and filed in the lower Tribunal on April 29, 2011.

By the said petition, both the 1st Respondent and the Appellant had contested the election for the Federal House of Representatives, Bauchi Federal Constituency, which was held on April 9, 2011 on the platforms of the People’s Democratic Party (PDP) and the Congress for Progressive Change (CPC), respectively. They contested the election along with some other contestants. On April 10, 2011, the results of the election were declared, with the Appellant and 1st Respondent having allegedly scored 93,540 and 45,877 votes, respectively. The 4th Respondent allegedly declared the Appellant as the winner of that election. Both the 1st and 2nd Respondents were dissatisfied, thus filed the said petition in the lower Tribunal on April 29, 2011. See pages 1 – 118 of the Record.

On May 10, 2011, the Appellant entered a memorandum of conditional appearance. On May 25, 2011, the Appellant filed a reply to the petition vide the Counsel thereof, Mallam Mohammed S. Shuaib, Esq. See pages 122 – 309 of the Record.

It is equally evident on the face of the record, that on June 1, 2011 One G. Ofodile Okofor Esq. OON (SAN) wrote what appears to be a letter (at page 310 of the Record) to the lower Tribunal’s Secretary, to the following effect:

IN THE NATIONAL ELECTION PETITION TRIBUNAL HOLDEN AT BAUCHI

PETITION NO: NA/HR/EPT/BAU/04/2011

IN THE MATTER FOR THE ELECTION TO THE HOUSE OF REPRESENTATIVE FOR BAUCHI FEDERAL CONSTITUENCY, HELD ON THE 9TH APPIL, 2011

BETWEEN

1. ALH. GARBA DAHIRU
2. PEOPLES DEMOCRATIC PARTY (PDP) – PETITIONERS

AND

1. ALIYU IBRAHIM GEBI
2. CONGRESS FOR PROGRESSIVE CHANGE (CPC)
3. INDEPENDENT NATIONAL ELECTION COMMISSION (INEC) – RESPONDENTS

THE SECRETARY NATIONAL ASSEMBLY ELECTION TRIBUNAL BAUCHI PRE-HEARING NOTICE FOR PRE-HEARING SESSION BROUGHT PURSUANT TO PARAGRAPH 18(1) 4(2) FIRST SCHEDULE TO THE ELECTORAL ACT 2011 AS AMENDED

Could you please issue a pre-hearing notice as in form 008 for the above petition.