Alyelabegan Kayode A. & Anor V. Salman Abdulfatai & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the National and State House of Assembly Election Petition Tribunal, sitting in Ilorin, Kwara State, (hereinafter called the Tribunal) delivered on 12th November, 2011 in respect of the Election Petition No. EPT/KWA/SH/8/2011 filed by the Appellants against the declaration and return of the 1st respondent as the winner of the election conducted by the 3rd respondent on 26th April, 2011 for the Ilorin North/West Constituency Seat of the Kwara State House of Assembly.

The 1st Appellant was the candidate of the 2nd appellant while the 1st respondent was the candidate of the 2nd respondent at the said election. The 3rd respondent credited the 1st respondent with 27, 182 votes and declared him as duly elected and returned while the 1st appellant was credited with 19,635 votes. There were other contestants who are not involved in this appeal.

The appellants who were aggrieved by the declaration and return of the 1st respondent filed their Election Petition No. EPT/KWA/SH/08/2011 on 18th May, 2011 on the following grounds:

a. The 1st respondent was not duly elected by majority of lawful votes cast at the election and did not score one quarter of the lawful votes cast in two third majority of the wards in the Ilorin North/West Constituency of Kwara State where lawful votes were cast as required by the provisions of the Constitution as amended and the Electoral Act as amended.

b. Further and in the alternative the election was invalid by reason of corrupt practices or non compliance with the provisions of the Electoral Act.

They consequently prayed for the following:

a. A declaration that the 1st respondent SALMAN ABDUL FATAI sponsored by the 2nd Respondent was not duly elected by a majority of lawful votes cast in the House of Assembly seat to represent Ilorin North/West Constituency of Kwara State.

b. That it may be determined and thus declared that the said election and the return of the 1st Respondent, SALMAN ABDUL FATAI are voided by acts which clearly violate and breach the provisions of the Electoral Act 2010 including but not limited to rigging and manipulation of election results, unprecedented acts of violence, thugery, abduction and coercion of opponents etc committed at the polling units in the constituency aforementioned.

c. That it may be determined that going by the lawful votes cast at the said election your petitioner ought to have been returned and should he returned as the elected (sic) to the Kwara State House of Assembly to represent the Ilorin North/West Constituency.

d. An order declaring the 1st petitioner AIYELABEGAN KAYODE A. validly elected to the Kwara State House of Assembly seat to represent the Ilorin North/West Constituency of (sic) having scored the highest number of lawful votes cast at the election.

e. A declaration that no election took place in Ilorin North/west constituency within the meaning of the Electoral Act, as amended and an order canceling the entire result thereof having regard to the fact that the result issued were products of wrong entries, deliberate manipulations and falsified figures.

In the Alternative:

An order nullifying the election to the House of Assembly Seat to represent the Ilorin North/West constituency of Kwara State in which the 1st Respondent SALMAN ABDUL FATAI was returned the winner by the 3rd Respondent on the ground that there were substantial irregularities and corrupt practices and substantial non-compliance with the provisions of Electoral Act 2010 particularly Sections 57, 58, 59, 66, 120, 123, 124, 125, 126, 127, 128, 129, 130, 131 and other provisions of the Act and order a fresh election.