Hon. Nasiru Muhammed & Anor. V. Hon. Philip Tanimu Aduda & Ors. (2009)

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MARY U. PETER-ODILI, J.C.A.

This is an appeal against the judgment of the National Assembly Election Petition Tribunal holden at the Federal Capital Territory, Abuja delivered on 11th day of September 2008 dismissing the Petitioners/Appellants Petition dated and filed on 6/5/08.

The Petitioners’ claims as contained at page 32 of the Record are as follows:-

(a) A declaration that the 1st Respondent sponsored by the 2nd Respondent was not duly elected by a majority of lawful votes cast in the bye-election held on the 5th & 6th April, 2008 for the House of Representative for AMAC/Bwari Federal Constituency of the Federal Capital Territory (FCT) Abuja.

(b) An order declaring the 1st Petitioner Hon. Nasiru Muhammed as duly elected in the bye-election held on the 5th & 6th April, 2008 for the House of Representatives in AMAC/Bwari Federal Constituency of the Federal Capital Territory (FCT) Abuja having polled the highest number of lawful votes cast at the bye-election.

In the Alternative:-

(a) An order nullifying the bye-election held on the 5th & 6th April, 2008 into the House of Representatives for the AMAC/BWARI FEDERAL CONSTITUENCY in which the 1st Respondent Hon. Philip T. Adudo was returned the winner by the 4th Respondent on the ground that there were substantial irregularities and corrupt practices and substantial non-compliance with the provisions of Sections 27, 31 (3), 47, 48, 54, 60, 74, 75, 145(b) & (c) and other provisions of the Electoral Act 2006 particularly and order a fresh election.

Two sets of the three sets of Respondents joined issues with the Petitioners on most of the facts pleaded in support of the relief claimed. The 2nd Respondent abandoned its defence by not calling any witness to testify on its reply which was deemed abandoned.

STATEMENT OF FACTS:-

The election was for the House of Representatives for AMAC/Bwari Federal Constituency, FCT, Abuja for which the Appellants challenged the declaration of the 1st Respondent as the duly elected member of the House of Representatives representing AMAC/Bwari Federal Constituency at the Bye-election held on the 5th & 6th of April, 2008 at the Federal Capital Territory, Abuja.

The election of the 1st Respondent was challenged on the following grounds in the petition:-

(a) That the Bye-election was invalid by reason of substantial non-compliance with the provisions of the Electoral Act; 2006 particularly Sections 27, 31(3), 47, 48, 54, 60, 74, 75, 145(b) and (c) and other provisions of the Act which substantially affected the result of the Bye-election held on the 5th and 6th of April, 2008 to the House of Representatives in AMAC/Bwari Federal Constituency of FCT, Abuja.

(b) That the Bye-election held on the 5th and 6th of April, 2008 to the House of Representatives for AMAC/Bwari Federal Constituency of the FCT, Abuja is invalid by reason of electoral irregularities and corrupt practices which substantially affected the result of the Bye-election.

(c) That the 1st respondent sponsored by the 2nd respondent was not duly elected by majority of lawful votes cast at the Bye-election on 5th and 6th April, 2008 to the House of Representatives in AMAC/Bwari Federal constituency of the FCT, Abuja. At the trial the Petitioners called five (5) witnesses and there were tendered numerous exhibits.