Hon. Angbas Stephen Akyen & Anor. V. Hon. Adamu Mu’azu & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

AYOBODE O. LOKULO.SODIPE, J.C.A.

This appeal is against the judgment of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal. Nasarawa State (hereinafter simply referred to as the “lower Tribunal”) delivered on 26/11/2007 dismissing the Appellants Petition No: EPT/NS/012/07.

The facts leading to the filing of the Petition are that: the 1st Appellant was the candidate of the 2nd Appellant (All Nigeria Peoples Party (ANPP)) on the 14th April, 2007 General Elections for the Nasarawa State House of Assembly representing Lafia North Constituency, The 1st Respondent on the other hand was the candidate of the Peoples Democratic Party (PDP) for the same election. At the end of the election, the 3rd and 4th Respondents declared the 1st Respondent as the winner with a total vote of 43,760 while the 1st Appellant was the runner-up with a total of 24,324 votes. The Appellants being dissatisfied with the outcome of the election and particularly the declaration of the 1st Respondent as the winner filed a Petition before the lower Tribunal challenging the return of the 1st Respondent. The Appellants in the Petition, complained that the 1st Respondent was not elected by a majority of lawful votes cast at the election; in that the election was fraught with fundamental irregularities, malpractices and substantial non-compliance with the provisions of the Electoral Act, 2006. The 1st and 2nd Respondents filed a joint Reply to the Appellants’ Petition. Likewise the 3rd – 49th Respondents filed a joint Reply to the Petition.

Only the Appellants called witnesses at the hearing of the Petition. They called 11 witnesses. The Respondents rested their respective cases on that of the Appellants. In its judgment the lower Tribunal dismissed the Petition of the Appellants on the ground that they did not prove their case.

The Appellants being dissatisfied with the judgment of the lower Tribunal on 15/12/2007 lodged a Notice of Appeal of the same date against the said judgment. The Notice of Appeal contains 11 grounds of appeal. The reliefs which the Appellants seek from this Court in the Notice of Appeal are: “(i) AN ORDER setting aside the judgment of the trial Tribunal affirming the return of the 1st Respondent; (ii) AN ORDER allowing the appeal; (iii) AN ORDER declaring the 1st Petitioner (i.e. 1st Appellant) as the winner of the 14th April, 2007 election having scored the majority of lawful votes cast at the election for Lafia North House of Assembly Constituency seat of Nasarawa State House of Assembly. The Appellants in the alternative claim for “AN ORDER nullifying the entire election of 14th April, 2007 and set (sic) aside the declaration of Han. Adamu Mu’azu as the elected member of the Nasarawa State House of Assembly for Lafia North Constituency and order for fresh election in the Constituency or Adogi ward.”

In accordance with the Rules of this Court, parties filed and exchanged briefs of argument. Six Issues are formulated for the determination of the appeal in the Appellants’ amended brief of argument settled by SA Ayiwulu. The Issue read thus:-

“1. Whether the trial Tribunal was right when it rejected the Summary of Results Sheet for Ashige Ward (Form EC8B(1) in evidence and whether the decision of the Tribunal would have been different if form (sic) EC8B(1) had been admitted in evidence. (Distilled from Ground 1)

2. Whether the trial Tribunal was justified in rejecting the evidence adduced by the Petitioners’ witnesses on over-voting in Ashige ward for lack of pleadings. (Grounds 2, 3 & 4)
3. Whether the nullification of the entire result of election of Adogi ward for non-compliance with the provision of Section 54(2) of the Electoral Act, 2006 did not substantially affect the conduct of the election for Lafia North Constituency of Nasarawa State House of Assembly. (Grounds 5 & 6)
4. Whether the trial Tribunal gave a wrong interpretation to Section 54(2), (3), & (4) of the Electoral Act, 2006 when it failed or

refused to nullify the election of the 1st Respondent and order for bye-election in the Constituency after cancelling 13,078 votes of Adogi ward. (Grounds 7, 8 and 9)

5. Whether the trial Tribunal evaluated the totality of evidence at the trial and the judgment cannot be said to be against the weight of evidence. (Grounds 10 & 12)
6. Whether the learned Tribunal wrongly applied the decision in the case of BUHARI VS OBASANJO 23 NSCQR 42 in this petition.

(Ground 11)”

The 1st Respondent’s brief of argument was settled by M.A. Ebute, Therein learned counsel while stating that he adopted the Issues formulated in the Appellants’ brief of argument proceeded to re-formulate them into five Issues.

The Issues as re-formulated read:-

“1. Whether the Trial Tribunal was right in rejecting Form EC8B(1) the Summary of Result Sheets for Ashige Ward,

2. Whether the Trial Tribunal was right or justified in rejecting the evidence of most of the Petitioners witness (sic),
3. Whether the failure to nullify the entire election upon cancellation of 13,078 votes from Adogi Ward is in breach of S.54 of the Electoral Act.
4. Whether the Trial Tribunal evaluated the evidence adduced and whether the judgment is against the weight of evidence.
5. Whether the Trial Tribunal wrongly applied the decision in Buhari Vs. Obasanjo (2005) NWLR (PT. 841) 1.”

The brief of argument of the 2nd Respondent was settled by Abdulkarim A. Kana, Three Issues were formulated therein for the determination of the appeal. They read thus: –

“1. Whether the Tribunal below was right when it declined to admit the summary of result sheet for Ashige Electoral Ward (Form EC8B (1)) which was altered after certification.