Hon. Musa Mohammed Pali V Hon. Dr. Mohammed Sani Abdu & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO

The Appellant was the Plaintiff in the suit No. FHC/ABJ/CS/1115/2014 he had brought on the Originating Summons at the Federal High Court, sitting at Abuja FCT. The cause of action arose in Alkaleri/Kirfi Federal Constituency in Bauchi State, from the primary election to nominate the candidate of the All Progressive Congress (APC), the 2nd Respondent, to contest at the general election for a seat at the House of Representatives wing of the National Assembly.

The Appellant claimed that he won the primary election of the APC conducted at Alkaleri, the headquarters of the said Alkaleri/Kirfi Federal Constituency, with the majority of lawful votes; that he was issued the Statement of Result, duly signed by the Chairman and Secretary of the 2nd Respondent, APC’s, primary Election Committee, and that the 1st Respondent (herein) who contested in the primary election against him disputed his victory, claiming, that he, and not the Appellant, was the actual winner of the primary election. The Appellant, as the Plaintiff, further averred that the 2nd Respondent, APC (his party) ignored his victory, and instead submitted to the independent National Electoral Commission, INEC, (the 3rd Respondent herein), the name of the 1st Respondent as its candidate for the general election in Alkaleri/Kirfi Federal Constituency.

The Respondents, as the Defendants at the trial Court, all vehemently denied the assertions of the Plaintiff/Appellant. The 1st & 2nd Respondents, corroborated by the 3rd Respondent (INEC), had alleged that the Plaintiff/Appellant; before the actual voting at the primary election, had in his possession unlawfully sensitive electoral materials; and that he had violently disrupted the gathering of the delegates for the primary election. And further that after he had disrupted the election, the Appellant emerged later and presented result sheets whereon he had unilaterally declared himself the winner of the primary election. The Respondents further averred that subsequent to the disruptive conduct of the Appellant the delegates were re-assembled, with the security at the venue beefed up and that the election thereafter proceeded peacefully and orderly, and that the 1st Respondent, at the conclusion of the election, was declared the winner of the election and the candidate of the APC for the said Alkaleri/Kirfi Federal Constituency. On this state of hostile facts to the assertion or contention of the Plaintiff/Appellant, the suit was nonetheless heard on the Originating Summons.

The Federal High Court (coram: E.S. Chukwu, J), however, came to final judgment – the salient portion of which can be found at pages 532 – 534 of Record. The portion is hereinbelow reproduced thus –

From the exhibits before the Court it is obvious there were no parallel elections. The 1st Defendant only asserted that the Plaintiff forcefully took the materials and wrote the result. The question is with what did the 2nd Defendant now conduct election with which it produced the result which they now flaunts as the official result of the 2nd Defendant and which they now the 3rd Defendant have risen to strongly defend, the said result is fraught with several flaws.

First, it was not properly issued as no relationship is shown between the conduct of the primary election for Alkaleri/Kirfi Federal Constituency except the mere listing of the name of 1st Defendant and his purported scores.

Secondly, the said result was not executed in accordance with the law as it had written signed for the Secretary without indicating who signed it.

What is more it is obvious from my evaluation of Exhibit C that it was made by the 2nd Defendant as an after taught. Be it as it may as I had earlier on commented the 3rd Defendant annexed all the results of what they observed in Bauchi State. But unfortunately they did not provide any evidence that they observed the primaries in this particular Constituency as to assist the Court.

They did not provide any evidence that they observe the primaries in this particular Constituency as they had done in the other 11 Federal Constituencies.

This was an abdication of its statutory duties which must be reprimanded in the strongest of terms.

The effect of this abdication of duty by the 3rd Defendant is that the Court will be left with the evidence of the Plaintiff against that of the 1st and 2nd Defendants. It was incumbent on the Plaintiff is case on preponderance to prove his case on preponderance of evidence which he may not have discharged in this case coming on the wells of the fact that the 2nd Defendant has in unequivocal terms stated who their candidate is and I so hold.

In the end, this case falls and it is accordingly dismissed. I make no Order as to cost.

That is my Judgment.