Musa Salisu V. Abdussamad Yusuf A. & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The Appellant was returned as the duly elected member representing Kankia/Kusada/Ingawa Federal Constituency of Katsina State in the House of Representatives, and the 1st and 2nd Respondents herein filed a Petition at the Katsina State National and State House of Assembly Election Tribunal, wherein they prayed that it may be determined.

i. That the 1st Respondent (Appellant herein) was not duly elected by majority of lawful votes cast at the election.

ii. That the 1st Petitioner (1st Respondent herein) who scored the majority of lawful votes at the election be declared validly elected and returned the winner of the election.

Or in the Alternative to i and ii above:

iii. That the 1st Respondent was not duly elected or returned.

iv. That the election of the 1st Respondent was null and void and a fresh or bye-election ordered to be conducted by the 2nd Respondent for the Kankia/Kusada/Ingawa Federal Constituency.

The “Grounds on which the Petition is based” are as follows:-

(i) That the 1st Respondent (Appellant herein) was not duly elected by majority of lawful votes cast at the election,

OR IN THE ALTERNATIVE

(ii) That the 1st Respondent was at the time of the election not qualified to contest the Election as he was not sponsored by a political party at the election.

They further averred as follows in paragraph 9B of the said Petition

“FACTS IN SUPPORT OF GROUND TWO – That the 1st Respondent (Appellant herein) was not the time of the Election not qualified to contest the Election as he was not sponsored by a political party at the Election.

i. The (Appellant) was not sponsored by any political party at the Election as required by Section 65(2)(b) of the Constitution.