Nuhu Ahmed V. Lawali Yakubu & Ors. (2008)

LawGlobal-Hub Lead Judgment Report

AMINA ADAMU AUGIE, J.C.A.

The Sokoto State House of Assembly elections took place on the 14th of April 2007, and the 1st Respondent, who had decamped from the All Nigeria Peoples Party [ANPP] to the Peoples Democratic Party [40th Respondent] to contest for the office of Member representing Gada East Constituency, was declared the winner with 19, 759 votes as against 16, 508 votes credited to the Appellant, who was the candidate of the Democratic Peoples party [DPP]. Aggrieved, the Appellant filed a Petition at the Sokoto State National Assembly, Governorship and Legislative Houses Election Petition Tribunal (hereinafter referred to as the Tribunal), praying that it may be determined –

a) That the 1st Respondent was not duly elected or returned for reasons stated (in paragraphs 10 (a) – (x) of the Petition)

b) That the 1st Respondent’s election or return be voided and the Petitioner be declared validly elected as the winner at the said election having polled the majority of the lawful votes cast.

c) That it was the Petitioner who ought to have been duly returned having regard to the fact of disqualification of the 1st Respondent.

OR IN THE ALTERNATIVE:-

d) That it may be determined that the 1st Respondent was not duly elected or returned and a bye election be ordered to be conducted in all the polling stations – affected by the non-compliance with the Electoral Act-

The Grounds for the Petition are as set out in paragraphs 10 (a) – (x) but this appeal is more concerned with the Ground in paragraph 10 (c) (i), (ii) & (iii) –

“The 1st Respondent was not qualified to contest the election complained of in that:

(i) His nomination by the PDP was void having regard to the provisions of section 34 (1) of the Electoral Act, 2006.

(ii) He knowingly allowed himself to be nominated and/or sponsored by more than one political party namely: All Nigeria People Party [ANPP] and PDP contrary to the provisions of section 38 of the Electoral Act, 2006.

(iii) His nomination by the ANPP was never withdrawn and/or cancelled before the election. The Petitioner pleads the campaign posters of the 1st Respondent bearing and having to do with the ANPP when he submitted Form CF 001 to contest for the House of Representatives. All documents filed by the 1st Respondent to contest for the House of Representatives (under the umbrella of ANPP) and the Sokoto State House of Assembly (Gada East) (under the umbrella of PDP) are hereby pleaded and notice to produce same is hereby given to INEC”.

The 1st & 40th Respondents filed a Joint Reply to the Petition wherein they incorporated a Notice of Preliminary Objection challenging the competency of the Petition and the jurisdiction of the Tribunal to entertain it. The Tribunal was urged to strike out the Petition” on 7 Grounds including Ground 3 that-

“The Tribunal has no jurisdiction to entertain Ground 10 (c) (i), (ii), and (iii) of the Petition as same is a pre-election matter the original jurisdiction in respect of which is vested only in the regular Courts and not in an Election Petition”. And Ground 6 that –