Nasiru Garba Dantiye & Anor V. Ibrahim Yushua’u Kanya & Ors. (2008)

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JOHN INYANG OKORO, J.C.A

This is an appeal against the judgment of the Governorship and Legislative Houses Election Petition Tribunal sitting in Dutse, Jigawa State in Petition No. EPT/JG/006/07 delivered on 7th September, 2007 wherein the Tribunal dismissed the petition of the Petitioners. The first Petitioner was a candidate sponsored by the second Petitioner the All Nigeria Peoples Party (ANPP) in the April, 28th 2007 election into the House of Representative seat far Babura/Garki Federal Constituency of Jigawa State. The 1st Respondent was also a candidate in the said election and was sponsored by the 5th Respondent, the Peoples Democratic Party. The 2nd Respondent, the Independent National Electoral Commission with the assistance of the 3rd, 4th, 6th to 114th Respondents conducted the said election. There were five other candidates in the election. At the end of the said election which was originally scheduled far 21st April, 2007 but had to be cancelled halfway due to violence all aver the constituency, the 2nd Respondent declared the 1st Respondent winner with majority of lawful votes of 36, 439 while the 1st Appellant came second with 23, 318 votes.

Dissatisfied with the declaration of the 1st Respondent as the winner of the election, the Appellant as petitioner filed his petition an 21st June, 2007. All the Respondents filed their replies. At the end of trial, the Tribunal dismissed the petition and upheld the return of the 1st Respondent, Unable to agree with the stance of the lower Tribunal on the matter, the appellants have appealed to this court. The notice of appeal is dated and filed on the 28th day of September, 2007 containing nine grounds of appeal. From these nine grounds of appeal, the appellants’ Counsel has decoded four issues for the determination of this appeal as contained in their joint brief.

The issues are:-

“1. Whether the allegation of arbitrary collation and manipulation of results, illegal declaration of three results at two (2) different dates before final collation of votes/results, disenfranchisement of voters and other acts of corrupt practices and non-compliance are not pleaded, proved and substantial enough to upturn the election and return of the 1st Respondent at the election to the Garki/Babura Federal Constituency?

(See Grounds 1, 2, 4, 6 and 9)

(2) Whether in the peculiar circumstance of this petition the Repeat election and use of illegal forms without lawful permission was/is lawful, proper and not substantial enough to upturn the election of the 1st Respondent at the election?

(See Grounds 3, and 5)

(3) Whether the written statement on oath of the RTA (PW2) and the 1st petitioner (PW3) dated 28th May, 2007 are inadmissible in evidence in the circumstances of this ,matter.

(See Ground 7)

(4) Whether the judgment was valid having been delivered by a panel of judges which included Han. Justice Kate Abiri who did not participate in the proceedings.

(See Ground 8) .

The 1st and 5th Respondents in their joint brief dated 12th November, 2007 and deemed filed on 14th January, 2008 by the order of this court, did not formulate any issue for determination but adopt the issues as distilled by the Appellants.

On the other hand, the 2nd, 3rd, 4th, 6th – 114th Respondents (hereinafter referred to the 2nd set of Respondents ) submitted four issues for determination as follows:-