Moh’d Bala Kalgo & Anor V. Hon. Engr. Abdullahi Umar Faruk & Ors (2008)

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MASSOUD ABDULRAHMAN OREDOLA, J. C. A.

The 1st Appellant, Moh’d Bala Kalgo was sponsored by the 2nd Appellant, Democratic Peoples Party (DPP), for election as the member to represent Bunza/Birnin Kebbi/Kalgo Federal Constituency of Kebbi State. The 1st Respondent, Hon. Engr. Abdullahi Umar Faruk, who had hitherto been the candidate of All Nigeria Peoples Party (ANPP) before he defected to Peoples Democratic Party (PDP), was also nominated by the 2nd Respondent for the same elective office. The election was held on 21st April, 2007 and it was conducted by the 3rd and 4th Respondents. Upon declaration of results, the 3rd and 4th Respondents returned the 1st Respondent as the winner and duly elected member to represent the aforedescribed Federal Constituency at the National Assembly. It was declared that he polled 71,023 votes. One Abubakar Malami Esq., sponsored by All Nigeria Peoples Party (subsequently referred to as ANPP) came second with 29, 274 votes, while the 1st Appellant who came third scored 16, 202 votes out of the total votes cast at the said election.

The Appellants were dissatisfied with this declaration and return of the 1st Respondent. They challenged it vide an election petition filed on 21st May, 2007 before the National Assembly/Governorship and Legislative Houses Election Petition Tribunal, holden at Birnin-Kebbi, Kebbi State (now to be referred to as the Tribunal). (Pages 1 – 16 of the record.)

The grounds of the petition are as follows:

(i) The 1st Respondent was at the time of the election, not qualified to contest the election.

(ii) The election was invalid by reason of corrupt practices and or non-compliance with the mandatory provision of the Electoral Act, 2006.

The facts relied upon by the Appellants are duly stated therein and the reliefs claimed in the petition are in the following terms:

i) It may be determined that Hon. Engr. Abdullahi Umar Faruk who was returned by the 3rd – 4th Respondents as the Honourable member elect for the Bunza/B. Kebbi/Kalgo Federal Constituency at the election held on 21st April, 2007 was not duly elected and his election is therefore void.

ii) It may be determined that the 1st Respondent was not qualified to contest the election into Bunza/B. Kebbi/Kalgo Federal Constituency held on 21st April, 2007 under the flag of the 2nd Respondent or at all.

iii) It may be determined that the said election into Bunza/B. Kebbi/Kalgo Federal Constituency held on 21/4/2007 was characterized by pervasive non compliance with the Electoral Act which non compliance has substantially affected the result of the election and the election be annulled for non-compliance with the provisions of Electoral Act 2006.

iv) It may be determined that the 1st Respondent was not validly nominated as a candidate for the Bunza/B. Kebbi/Kalgo Federal Constituency.

v) That it may be determined that a fresh election be conducted into the Bunza/B. Kebbi/Kalgo Federal Constituency in accordance with the provisions of Section 147 of the Electoral Act, 2007 (sic)

On 7th June, 2007, the 1st and 2nd Respondents caused a conditional appearance to be entered on their behalf and also raised a notice of preliminary objection against the petition together with their reply to the petition. (Pages 17 – 31 of the record) On 12th June, 2007, the 3rd and 4th Respondents filed their reply to the petition and with the leave of the Tribunal granted on 23rd July, 2007, their amended reply was deemed filed and duly served. (Pages 32 – 34 and 92 – 120 of the record.) In essence, parties duly joined issues on the material facts in the petition.

The Tribunal in the course of hearing in the petition conducted prehearing sessions and issued its report which included the issues agreed upon by the parties for determination in the petition. They are reproduced below: