Dr. Abdulaziz Labo Mahuta V. Abdulkadir Moh’d Nasir & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

BABA ALKALI BA’ABA, J.C.A.

This is an appeal against the judgment of the National Assembly Election Tribunal, holden at Katsina, Katsina State delivered on the 24th day of August, 2007 wherein the appellant’s petition was dismissed.

The appellant was the candidate of the ALL NIGERIA PEOPLES PARTY (ANPP) at the 21st April, 2007, National Assembly Election into the House of Representatives, representing Malumfashi/Kafur Federal Constituency of Katsina State, While the 1st respondent was the candidate of the Peoples Democratic Party (PDP).

The 1st respondent was the former Chairman of the Malumfashi Local Government Area of Katsina State up to the 7th day of April, 2007, when his tenure of office as the Chairman expired.

The Governor of Katsina State appointed all the Local Government Chairmen including the 1st respondent as the Chairman/Care-taker Committee of the Malumfashi Local Government Area of Katsina State. The 1st respondent was regarded the Chairman/Caretaker Committee of the Malumfashi Local Government Area of Katsina State at the time he contested the election into the House of Representatives, representing Malumfashi/Kafur Federal Constituency of Katsina State, followlng his appointment by the Governor through a press release.

At the conclusion of the said election, the 1st respondent was declared and returned as the successful candidate in the election into the House of Representatives representing Malumfashi/Kafur Federal Constituency of Katsina State.

Unhappy with the declaration and return of the 1st respondent, the appellant as petitioner filed a petition before the Katsina State National Assembly Election/Governorship and Legislative Houses Election Tribunal, Katsina State dated the 16th day of May, 2007, filed on the 18th day of May, 2007, to be found at pages 3 – 8 of the record.

The main ground of the petition appears to be paragraphs 11, 12, 13 and 13f of the petition, the statement of claim which reads as follows:-

“11. Your Petitioner states that the 3rd Respondent returned the 1st Respondent as winner without any legal justification as the duly elected member of Federal House of Representatives representing Malumfashi/Kafur Federal Constituency of Katsina State.

12. Your Petitioner states that the ground upon which this petition is brought is that the 1st Respondent was at the time of the election not qualified to contest the election.
13. Your Petitioner states that the facts upon which the petition is predicated are as follows:-

13f.The 1st Respondent was prior to the 8th day of April, 2007 the Chairman of Malumfashi Local Government Area under the platform of the Peoples Democratic Party whose tenure of office expired on the 7th April, 2007.

WHEREOF THE PETITIONER PRAYS

i) That it be determined that the 1st Respondent was not qualified to contest election into the Federal House of Representative in Malumfashi/Kafur Federal Constituency on the 21st day of April, 2007.

ii) AN ORDER nullifying the declaration and return of the 1st Respondent as winner of the National Assembly election held in Malumfashi/Kafur Federal Constituency of Katsina State on the 21st day of April, 2007.

iii) That it be determined that your Petitioner be declared winner and validly elected and ought to be the member House of Representative representing Malumfashi/Kafur Federal Constituency of Katsina State in place of the disqualified 1st Respondent. ”