Mohammed Umar Ibrahim & Anor V. Yakubu Yusuf & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

The Kaduna State House on the 28th of April 2011, and dissatisfied with the declaration of the 1st Respondent as the duty elected Member representing Zaria-Kewaye Constituency, the Appellants filed a Petition against the Respondents at the Kaduna State Governorship/Legislative Houses of Assembly Election Tribunal.

Upon receipt of the Petition filed on the 18th of May 2011, the 1st and 2nd Respondents filed their Joint Reply thereto on the 9th June 2011, and the Appellants filed their Reply to same on the 17th of June 2011. The 3r Respondent filed its Reply out of time, and by a letter dated 20th June 2011, the Appellants applied to the Tribunal’s Secretary as follows –

“APPLICATION FOR ISSUANCE OF PRE-HEARING INFORMATION SHEET IN PETITION NO.: EPT/KD/HA/4/11 BETWEEN MOHAMMED UMAR IBRAHIM & ANOR v. YAKUBU YUSUF & 2 ORS.

We are counsel to the Petitioners in PETITION No: EPT/KD/HA/4/11 BETWEEN MOHAMMED UMAR IBRAHIM & ANOR V. YAKUBU YUSUF & 2 ORS. We wish to apply for the issuance of Pre-Hearing Information Sheet in this petition. We shall pay the necessary fees if required. Thanking you for your usual co-operation.

(Signed J. J. Usman, Esq.

PP: Yunusi Ustaz Usman (SAN) & Co.”

The Application was granted and the Appellants filed Forms TF 007 and TF 008, which were issued by the Tribunal, on that same 20th June 2011. The said Forms were served on the 1st and 2nd Respondents, who filed their answers thereto, on the 6th of July 2011. However, by a Motion filed on 8th July 2011, the 1st and 2nd Respondents prayed the Tribunal for –

a) An Order setting aside the Pre-Hearing Notice and Information Sheet issued on the 20th of June 2011 and served on the Parties…

b) An Order DISMISSING Petition No. EPT/KD/HA/4/2011 for noncompliance with Paragraphs 18 (1) (2) and (3) of the First Schedule to the Electoral Act 2010.

c) And for such further Order(s) as the Honourable Court (sic) may deem fit to make in the circumstance(s).

The Grounds for the Application are as follows –

i. The Petitioners failed to apply for pre-hearing in accordance with the Electoral Act.

ii. By Paragraphs 47 (2) of the First Schedule to the Electoral Act 2010 every application to the Tribunal shall be y way of Motion.