Engr. Mustapha Yunusa Maihaja V. Alhaji Ibrahim Gaidam & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This appeal emanates from the judgment of the Court below, that is the Court of Appeal, Abuja Judicial Division in Appeal No. CA/A/809/2015 between ENGR. MUSTAPHA YUNUSA MAIHAJA VS ALHAJI IBRAHIM GAIDAM & 2 OTHERS, CORAM MOORE A.A. ADUMEIN, JOSEPH E. EKANEM AND MUHAMMED MUSTAPHA JJCA. The judgment being appealed against was delivered by the Court below on the 28th of July, 2016 as captured at pages 824 to 867 of the Record of Appeal. In the judgment, the Court below partly resolved issue one (out of the three issues formulated) in favour of the Appellant but dismissed the appeal of the Appellant.

Dissatisfied with the said judgment, the Appellant filed a Notice of Appeal dated 11th August, 2016 containing five (5) grounds of appeal. The Notice of Appeal is contained at pages 868 to 876 of the Record of Appeal. The Appellant also filed another Notice of Appeal on the 12th of October, 2016 in expressing his grievances and dissatisfaction with the judgment of the Court of Appeal. He (the Appellant) has however indicated in paragraph 5.1 of his Brief of Argument to rely on

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his Notice of Appeal filed on the 12th day of October, 2016 containing six (6) grounds of Appeal as set out on pages 30 to 44 of the Supplementary Record of Appeal transmitted to this Honourable Court at the instance of the Appellant.

SUMMARY OF THE FACTS

The Appellant was the plaintiff in an Originating Summons filed in Suit No. FHC/ABJ/CS/220/2015, ENGR, MUSTAPHA YUNUSA MAIHAJA V. ALHAJI IBRAHIM GAIDAM & 2 ORS dated 19th day of March, 2015 and filed at the Registry of the Federal High Court, Abuja. The suit sought a number of declaratory reliefs and sundry orders including nullification of the nomination of the 1st Respondent as the candidate of the 2nd Respondent in the 2015 Governorship election of Yobe State.

The grouses of the Appellant, from the inception of the political tussle, are summarised thus; that:

i) The 1st Respondent made false information in his Form CF001, Affidavit of Personal Particulars (Exhibit MAIHAJA 1 attached to the Originating Summons) by annexing a primary Leaving Testimonial dated 22nd day of December, 1969 issued by Yunusari Local Education Authority (LEA) of Borno State of Nigeria.

ii) The

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Appellant also alleged that the 1st Respondent submitted the said Primary School Leaving Testimonial to the 3rd Respondent knowing same to be a forged Certificate contrary to Section 182(1)(J) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and pursuant to Section 31(5) of the Electoral Act 2010 (as amended).

iii) The Appellant also claimed that the 1st Respondent ought to be disqualified from contesting for the office of the Governor of Yobe State on the grounds of false declaration in Form CF001 and for allegedly presenting a forged Certificate to the 3rd Respondent contrary to the provision of Section 182(1)(J) of the Constitution (Supra) and pursuant to Section 31(5) of the Electoral Act 2010 (as amended).

iv) The 1st Respondent was also alleged to have furnished some other documents along with Form CF001 and which documents bear some other dates of birth different from 15th September, 1956 contained in Form CF001 and the birth certificate Exhibit MAIHAJA 13A issued by the National Population Commission to the 1st Respondent.