All Nigeria Peoples Party & Anor. V. Garba Musa Gulma & Ors. (2008)

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BABA ALKALI BA’ABA, J.C.A.

This is an appeal against the judgment of the National Assembly and Legislative Houses Election Tribunal, sitting at Birnin Kebbi, Kebbi state, delivered on the 15th day of October, 2007, in petition No. KB/EPT/HR/7/07. The election was in respect of the member representing Argungu/Augie Federal Constituency of Kebbi State in the House of Representatives conducted by the 3rd respondent, INEC on the 21st day of April, 2007. The 1st respondent, Garba Musa Gulma, who was sponsored by the Peoples Democratic Party (PDP) was declared and returned as the winner of the said election by the 3rd respondent, having the highest lawful number of votes, 41,997, cast at the said election.

By a petition dated the 22nd May, 2007, the 1st and 2nd appellants, All Nigeria Peoples Party (ANPP) which sponsored Hon. Sani Bawa Argungu, the 2nd appellant who were the 1st and 2nd petitioners respectively challenged the declaration and return of the 1st respondent as the winner of the said election. The petition containing 21 paragraphs is at pages 3 – 13 of the printed record.

The petitioners/appellants in their 21 ‘paragraphs of the said petition prayed as follows:-

“1. That the 1st respondent was not duly elected or returned and that his election was void and that the said Hon. Sani Bawa Argungu sponsored by the petitioner was elected and ought to have been returned or as the case may be and or in the alternative nullifying the election in its entirety.

2. That the election 1st Respondent is invalid or vitiated by reason of corrupt practices.
3. That the election was not conducted substantially in accordance with the relevant provisions of the Electoral Act which non-compliance has substantially affected the result of the election and therefore renders the election of the 1st Respondent a nullity.
4. The petitioner be declared the winner of the election.
5. And such further orders or reliefs as the Honourable Tribunal may deem fit and just to make or grant in the circumstances.”

On being served with the petition, the 1st and 2nd respondents entered a conditional appearance dated 28/5/07, filed on 30/5/07. The 1st and 2nd respondents filed a preliminary objection to the petition on 30/5/07 contained at pages 72 – 78 of the record of proceedings.

The appellants as petitioners filed their reply to the preliminary objection as respondents on 11/6/07. At the pre-hearing session, the 1st and 2nd respondents’ motion/preliminary objection was rolled over for hearing along with the petition. After two witnesses testified for the appellants/ petitioners, the parties to the petition agreed to dispense with all the written depositions and abandoned all oral evidence including the evidence of the two witnesses that earlier testified. The parties then agreed to rely solely on the documentary evidence to be tendered by counsel across the bar in proof of their respective cases. The written deposition of one Mallam Nasiru Sarki Mohammed at pages 26 – 27 of the record was also dispensed with by agreement of counsel to the parties.

The Tribunal delivered its judgment on 15/10/07 and dismissed the petition for lacking in merit when at page 269 of the record, it held:

“We hold therefore that the Petitioners failed to satisfy us through the evidence of the witnesses they called and the Exhibits tendered that the election was invalid by reason of corrupt practices or that the 1st Respondent was not duly elected by majority of lawful votes cast at the election. We resolve issue No.3 in favour of the Respondent.

We are of the firm view that the Petitioners failed to adduce evidence in support of their grounds for challenging the election of the 1st Respondent.

Consequently, we hold that even if we had the jurisdiction to entertain this petition, the petition lacks merit and is liable to be dismissed. It is hereby dismissed.

We hold that the 1st Respondent, Hon. Garba Musa Gulma was validly returned on the ticket of the 2nd Respondent PDP as the winner of the election to the House of Representatives for Argungu/Augie Federal Constituency of Kebbi State held on the 21st day of April, 2007.”

Being dissatisfied with the judgment, the appellants filed a notice of appeal, containing six grounds of appeal to be found at pages 272 – 282 of the record.

From their six grounds of appeal, the appellants formulated three issues for determination in this appeal as follows:-