Jibrin Muhammad Barde & Ors v. Independent National Electoral Commission (INEC) & Ors (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the leading judgment)

The 1st respondent herein conducted an election on 18th March 2023 into the office of Governor of Gombe State. The 1st appellant herein contested on the platform of the 2nd appellant, Peoples Democratic Party (PDP), while the 3rd respondent contested on the platform of the 2nd respondent, All Progressives Congress (APC).

At the conclusion of the election the 3rd respondent was declared the winner with a total of 342,821 votes against 233,131 votes scored by the 1st appellant. The 3rd respondent was accordingly returned as the Governor of Gombe State.

The appellants were dissatisfied with the declaration and return of the 3rd respondent and consequently filed a petition before the Governorship Election Tribunal sitting in Gombe on 6th April 2023. The grounds of the petition were as follows:

a) That the 2nd respondent [now 3rd respondent] was, at the time of the election, not qualified to contest the election.

b) The election was invalid by reason of non-compliance with the provisions of the Electoral Act, 2022.

c) The respondent was not duly elected by the majority of lawful votes cast at the election.

The petitioners accompanied their petition with a list of witnesses, their depositions on oath and list of documents to be relied upon at the trial. The respondents filed their respective replies. At the conclusion of pleadings and other preliminary matters, the petition proceeded to hearing. In a considered judgment delivered on 26th September, 2023, the tribunal found no merit in the petition and dismissed same.

The appellants were dissatisfied with the judgment and appealed to the lower court vide a notice of appeal filed on 9/10/2023. The Court of Appeal unanimously dismissed the appeal. The appellants are still dissatisfied and have further appealed to this court vide their notice of appeal filed on 5/12/2023 containing 8 grounds of appeal.

At the hearing of the appeal, Ahmed Raji, SAN, adopted and relied on the appellants’ brief settled by Charles Musa Esq. and replies to the respective briefs of the 1st, 2nd, and 3rd respondents in urging the court to allow the appeal. He sought to withdraw ground 4 of the notice of appeal and issue 3 predicated thereon having taken due notice of the position of this court on the incompetence of a subpoenaed witness whose statement on oath did not accompany the petition or reply of a party as espoused in SC/CV/935/2023: Abubakar Atiku v. INEC; SC/CV/937/2023: Peter Gregory Obi v. INEC both delivered on 26/10/2023 and SC/CV/1130/2023: Edeoga Chijioke Jonathan v. INEC delivered on 22/12/2023. Ground 4 and the said issue 3 are accordingly struck out.

Omotayo Olatubosun, Esq. adopted and relied on 1st respondent’s brief in urging the court to dismiss the appeal. In view of the withdrawal of the appellant’s issue 3, he withdrew issue 3 argued at pages 18 – 27 paragraph 4.3 of his brief. The said issue is accordingly struck out.

Adebayo Badmus, Esq. adopted and relied on 2nd respondent’s brief in urging the court to dismiss the appeal.

His issue 3 argued at pages 18-22 thereof is also withdrawn and struck out.

Dr. Muiz Banire, SAN, adopted and relied on the 3rd respondent’s brief in urging the dismissal of the appeal and similarly withdrew his issue 1 argued at pages 5-10 thereof. The said issue is accordingly struck out.