Hon. Hassan Anthony Saleh V. Christian Adabah Abah & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This is an appeal from the Judgment of the Court of Appeal, Abuja Judicial Division, delivered on the 8th of February, 2016, The Court of Appeal sat over the Judgment of Federal High Court Abuja, in a Pre-Election cause. The Federal High Court Abuja, as the trial Court, had passed judgment in favour of the Appellant (who was the Plaintiff there). The Respondents (who were the Defendants at the trial Court felt aggrieved by the Federal High Court decision. They went on appeal to the Court of Appeal given its status as the penultimate Court in the country Judicial hierarchy. The Court of Appeal partially reversed the decision of the trial Court. This in effect, means the respondents before this Court were partially successful at the Court of Appeal (where they were the Appellants). Their appeal there, was partially (but crucially) granted. The pendulum swung again. Hon. Hassan Anthony Saleh, as the Respondent at the Court of Appeal was dissatisfied and aggrieved by the reversal of his trial Court fortune by the Court of Appeal. He therefore, proceeded to this Court being the apex

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and ultimate Court in the country thereby making him the Appellant before us.

The Appellant and the first Respondent are respective members of the second Respondent, the Peoples Democratic Party (PDP). The Appellant and first Respondent participated in the primary Election conducted by the second Respondent prior to the 2011 General Election into the House of Representatives. They contested against each other for the seat of Ado, Okpokwa and Ogbadigbo Federal Constituency of Benue State (herein after simply referred to as the disputed constituency”. The first respondent withdrew from the race after he had defeated the Appellant.

In the relevant INEC form, he had answered No to the question of if he had ever presented any forged certificate to the Electoral Body (i.e the INEC). On this development, the Appellant sought that the first Respondent be disqualified and in the latters stead (Appellants) be substituted. The Peoples Democratic Party (PDP) leadership and INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) declined to do so. This prompted the Appellants to file a suit via originating summons at the Court of

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first instance. The Federal High Court, adjudged the suit in favour of the Appellant. The first and second Respondents who were the Defendants there appealed to the Court of Appeal and succeeded; wherewith the Appellant (who was the Respondent at the penultimate Court) appealed to this Court.

The above is considered a fair condensation and/or compact of the case at hand. In accordance with the Rules of this Court, parties exchanged and served Briefs of arguments.

The Appellants Brief filed on the 21st March, 2016 was settled by Dr. Alex A. Izinyon, SAN and company. The Reply Brief which was filed on the 6th of October, 2016 was on behalf of only the first and second Respondents. It was filed and settled by S.I. Ameh, SAN and company. It needs be repeated that the third Respondent (INEC) filed no Brief.

The Notice of Appeal filed before this Court sets out Nine (9) Grounds of Appeal with each of the Grounds being supported by a number of particulars elucidating and supporting the respective Grounds. See Exhibit “O” on pages 2-16 of the Notice of Appeal. Three (3) interrelated and integrated forms of Relief are being requested by the

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Appellant. See Exhibit O – the Notice of Appeal on page 16. For the avoidance of doubt, the Reliefs being sought from this Court are collapsed in a request for “AN ORDER of this Honourable Court allowing this appeal, set aside the decision of the Court of Appeal and affirm the decision of the trial Court.”

The learned Counsel for the Appellant proposed eight (8) issues for determination in his Brief:-