All Nigeria Peoples Party & Anor V. Halima Hassan Tukur & Ors (2008)

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BABA ALKALI BA’ABA, J. C. A.

This is an appeal against the decision of the National Assembly Governorship and Legislative Houses Election Tribunal of Nigeria holden at Birnin Kebbi, Kebbi State, delivered on the 10th day of October, 2007 contained at pages 236 – 267 of the record.

The election for the member representing Yauri/Shanga/Ngaski Federal Constituency of Kebbi State in the House of Representatives was conducted on the 21st day of April, 2007, by INEC, the 3rd respondent in this appeal. The 1st respondent who was sponsored by the 2nd respondent was at the end of the said election, declared the winner of the said election having scored 54,263 votes, the highest number of lawful votes cast at the election. The appellants who were the petitioners were unhappy with the return and declaration of the 1st respondent hence they filed a petition dated 22/5/2007, challenging the declaration and return of the 1st respondent. The petition which contains nineteen paragraphs is at pages 1 – 15 of the record.

The appellants/petitioners claimed as follows:-

“WHEREFORE your petitioner prays that it may be determined as follows:

1. That the 1st respondent was not duly elected or returned and that her election was void and that the said Hon. Garba Umar Uba 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 of 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 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 this honourable Tribunal may deem it fit and just to make or grant in the circumstances.”

Since the pleadings, petition and reply are relevant being the basis of the claim, denial or admission of the averments being equally important, the paragraphs that I consider relevant are hereby reproduced.

The facts of the petition and the grounds upon which the petition is based are as follows:-

“(1) Your petitioner states that the 1st respondent was not validly returned as the person duly elected on the following grounds:-

(i) The election was invalid by reason of corrupt practices and or non-compliance with the mandatory provisions of the Electoral Act, 2006.

(ii) The 1st respondent was not duly elected by majority of lawful votes cast at the election.

(2) The election was invalid by reason of corrupt practices and or noncompliance with the provision of the Electoral Act, 2006.

(3) That the 2nd petitioner was given an electronic copy of all registered voters in Kebbi State by the 3rd respondent, two weeks to the April 21st 2007 election.”

At page 229 of the record, the proceeding reads:

“Mr. Malami: We have discussed and agreed on the conduct of the election petition in terms of our agreement.