Hon. Peter Akujah & Anor V. Suleiman Y. Kwande & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CLARA BATA OGUNBIYI, J.C.A (Delivering the Leading Judgment)

On the 26th of April, 2011, the 3rd Respondent (INEC) conducted election into the Jos North/Bassa Federal Constituency into the House of representative where the 1st Petitioner, the 1st Respondent and others contested the election on the platform of their various political parties. At the conclusion of the election the 1st Respondent was declared and returned as the winner of the election with 163, 518 votes as against the 1st petitioner’s 163, 225 votes. The petitioners were dissatisfied with the declaration and return and therefore filed this amended petition of 46 paragraphs. The ground of the petition is stated in paragraph 13 of the petition thus:

“Your petitioners aver that the ground of this petition is that the 1st Respondent Hon. Peter Akujah, was not duly elected by majority of lawful votes cast at the election to the membership of the House of Representatives for the Jos North/Bassa Federal constituency, Plateau state held on the 26th of April, 2011.

And reliefs sought by the petitioners are:

“1. That the total lawful votes of the petitioners at the election to the membership of the House of Representatives for Jos North/Bassa Federal constituency of Plateau State held on Tuesday the 26th April, 2011 is 165,759 (one Hundred and Sixty Thousand Seven Hundred and Fifty Nine) votes whilst the lawful votes of the 1st Respondent, Hon. Peter Akujah of the Peoples Democratic Party, the 2nd Respondent is 159,518 (One Hundred and Fifty Nine Thousand Five Hundred and Eighteen votes.)

ii. That the 1st Respondent, Hon. Peter Akujah of the Peoples Democratic Party, 2nd Respondent, was not duly elected or returned as the member of the House of Representatives to represent Jos North/Bassa Federal Constituency of Plateau State not having polled the majority of the lawful votes cast at the election to the membership of the House of Representatives for Jos North/Bassa Federal Constituency of Plateau State held on Tuesday the 26th day of April, 2011.

iii. That the certificate of return given to the 1st Respondent Hon. Peter Akujah of the Peoples Democratic Party as the member of the House of Representative representing Jos North/Bassa Federal Constituency Plateau State is null and void and of no effect whatsoever.

iv. That by the lawful votes cast at the election to the membership of the House of Representatives for Jos North/Bassa Federal Constituency of Plateau State held on Tuesday the 26th of April 2011 the 1st petitioner Suleiman Y. Kwande ought to have been returned and should be returned as the duly elected member of the House of Representatives representing Jos North/Bassa Federal Constituency of Plateau State.

v. That the 3rd Respondent shall forthwith issue the 1st petitioner Suleiman Y. Kwande with a certificate of return as the duly elected member of the House of Representatives representing Jos North/Bassa Federal Constituency of Plateau State.”

After the Respondents were served with the Petition, they each filed their replies thereto and denied all the allegations therein and contended that the Petitioners are not entitled to any of the reliefs sought in the petition and urged the Tribunal to dismiss same.

At the pre-hearing conference paragraphs 31 – 65 and 31 – 60 of the replies to the petition of the 1st and 2nd Respondents respectively were struck out by the Tribunal on 28/6/2011. The 1st and 2nd Respondents were also directed to furnish the Petitioners with further and better particulars with respect to paragraph 15 of their respective replies as required in paragraph 5 of the Petitioners’ supporting affidavit to the application.

At the hearing of the petition, the Petitioners called 4 witnesses and tendered some documents in support of their case.

After the close of the petitioners’ case, the 1st and 2nd Respondents called one witness DW1, the 1st Respondent himself and tendered some documents in evidence of their defence. The 3rd Respondent also opened its defence and called only one witness as DW2, one Eleazar Yame Vwamhi.

This appeal therefore is against the judgment of the National and State Houses of Assembly Election Tribunal sitting in Jos and delivered on the 22nd of September, 2011. In the said judgment, the Honourable Tribunal upheld the petition and granted all the reliefs sought by the Petitioners-