Mela Audu Nunghe & Anor V. Manu Yusuf Swa & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JUMMAI HANNATU SANKEY, J.C.A (Delivering the Leading Judgment)

The Petitioners/Appellants claim to have contested an election into the National Assembly, House of Representatives, seat of the Billiri/Balanga Federal Constituency in Gombe State. The 1st Petitioner was the candidate.

The 2nd Respondent sponsored the 1st Respondent of that election. The election was held on 22nd October, 2011. The result of the election was declared on 23rd October, 2011. The 1st Respondent contested on the platform of the 2nd Respondent the sponsoring party. The 5th-8th Respondents declared the 1st Respondent winner of the electoral contest.

The Petitioners were unhappy with the turn of events and they filed a Petition therefore wherein they request the trial Tribunal to make the following orders in their favour:

”(i) That the 1st Respondent not being a candidate of the 2nd Respondent in the 2nd October, 2011 election was not validly declared as the winner of the said election by the 5th to 8th Respondents.

(ii) An order declaring the 3rd Respondent not a qualified contestant of the 2nd October 2011 election and annulling all the votes purportedly worn at the said election by him.

(iii) An order declaring the Petitioner as the winner of the winner of the National Assembly Election held on 22nd October, 2011 for the Balanga/Billiri Federal House of Representatives having polled the majority of the lawful votes cast and was therefore entitled to have been returned as the winner of the election.

IN THE ALTERNATTVE

(iv) An order directing the 5th to 8th Respondents to conduct a fresh election in all the polling units in the Local Government Areas mentioned above.”

On 30/12/2011, a letter dated 21/12/2011 was delivered to the registry of the Tribunal. On the strength of the letter, which requested for the issuance of pre-hearing forms, the Petition was set down for pre-hearing on 18/01/2012. The scheduled date of 18/01/2012 could not hold because of the civil unrest that enveloped parts of the country. The pre-hearing session was then further scheduled for 31/01/2012. Parties were accordingly notified by the service of hearing notices. In the interim, the Tribunal observed some developments or issues in the petition and thereupon directed that parties should be served with o further notice of hearing.

That notice of hearing was dated and served on 30/01/2012. It contained two issues which the Tribunal requested parties or their counsel to address it on. The issues were:

”a Whether the tribunal was with jurisdiction to treat petition GMS/EPT/HR/10/2011.

b. Whether in view of paragraph 18(1) and (4) of the 1st Schedule to the Electoral Act, 2010 (as amended) the petition was still alive.”

The records of the Tribunal showed that the Respondents were served with the Petition as follows: