Haruna a. Haruna V. Mallam Umaru Magaji & Anor (1999)

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MUNTAKA-COOMASSIE, J.C.A.

The appellant herein. Haruna A. Haruna, was the petitioner at the Governorship and Legislation Houses Election Tribunal holden at Birnin Kebbi.

The appellant was sponsored by the Peoples Democratic Party (PDP) to contest for election as member representing Jega Constituency in the Kebbi State House of Assembly at the election held nationwide on 9th January. 1999. The opponent or the appellant. Mallam Umaru Magaji, for the same elective position was sponsored by the All Peoples Party (APP).

After the collation and counting at the close of the election, the Independent National Electoral commission (INEC) through the returning officer 2nd respondent returned the 1st respondent herein as duly elected member of the Kebbi State House of Assembly by a majority of 11.7.15 votes. The appellant was credited with the next highest votes of 7,497.

The appellant herein promptly filed an election petition challenging the return of the 1st respondent. The pleadings or the petitioner in that tribunal were not only lengthy but also verbose. There is no need for me to reproduce same here.

However, I consider it pertinent to reproduce hereunder the reliefs sought by the petitioner thus:-

i. A declaration that the 1st respondent is/was disqualified from being elected as member of Kebbi State House of Assembly by reason of having knowingly presented forged documents to the 2nd respondent, to wit: Jega Community Bank (Nig.) Ltd. letter of 23rd August, 1996. and the income tax clearance certificate No. ITCC 000667 dated 16th day of November, 1998 in contravention of section 19 of Decree No.3 of 1999;

ii. a declaration that the 1st respondent was not qualified to contest and be elected member of the Kebbi State House of Assembly by reason or non-payment of tax at all for the three years preceding the year of election;

iii. a declaration that by reason of the lack of qualification or disqualification above all votes cast in favour of the 1st respondent at the election of 9th January, 1999 are unlawful, null, void and of no effect;

iv. a declaration that the petitioner was the only candidate at the said election and by virtue of the 7,497 votes cast in his favour at the election is the person duly elected and ought to be returned as member representing Jega Constituency in the Kebbi State House of Assembly;

v. an order nullifying the election of the 1st respondent and a declaration that the petitioner is the person duly elected at the said election;

vi. and such further orders as this honourable tribunal may deem fit to make in the circumstances.

The respondents then July filed the memorandum appearance and filed their replies. Hearing then commenced in earnest on 3rd March, 1999. Two witnesses testified and some exhibits were tendered and admitted as A-A13.

On the 8th March, 1999 the 1st respondent through his counsel raised an objection to the effect that the petitioner did not comply with the provision or the Decree in stating the address and the name of the occupier. Failure to do so, according to the 1st respondent’s counsel, is fatal. He submitted that the petition is therefore in competent. Consequently, the tribunal has no jurisdiction to hear the petition. He relied on the following authorities, namely:-