Peoples Democratic Party V. Ibrahim T. El-sudi & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment)

The Independent National Electoral Commission, the 3rd Respondent is the body with the statutory responsibility to conduct Elections in Nigeria. On the 28th March, 2015 the 3rd respondent conducted elections into the National Assembly for Gashaka, Kurmi and Sardauna Federal Constituency. The 4th Respondent was a candidate in that Election having been sponsored by the Appellant, in the said Election.

The 1st respondent was sponsored by the 2nd respondent in the said election. Two other candidates participated in the election in the person of Denbe Musa Tamnyi, sponsored by the Labour Party and Musa Usman who contested the Election on the platform of the Social Democratic Party, SDP. At the conclusion of the exercise, the 4th respondent was declared and returned by the 3rd respondent as the winner of the said Election having polled a total of 37,167 votes.

The 1st and 2nd respondents dissatisfied with the declaration of the 4th respondent as the candidate with the majority of lawful votes cast, presented a Petition on the 18/4/2015 to the National/State Houses of Assembly Election Tribunal

sitting in Jalingo, Taraba State in which the Independent National Electoral Commission (INEC), the Peoples Democratic Party (PDP) and Dan Asabe C. Hosea were 1st, 2nd and 3rd respondents respectively. The Petition is predicated on 2(two) Grounds as set out at paragraphs 10 and 11 of the Petition thus:

“10. Your petitioners state that the ground for the presentation of this petition is that election conducted in nineteen (19) polling units and in seven (7) wards of Kurmi and Sardauna Local Government Areas within the Federal Constituency was invalid by reason of non-compliance with the provisions of the Electoral Act, 2010 (as amended).

11. The Petitioners state that the 3rd Respondent who was declared duly elected by the 1st Respondent as an elected member of the House of Representatives for Gashaka, Kurmi and Sardauna Federal Constituency was not duly elected by Majority of lawful votes cast at the election for Gashaka, kurmi and Sardauna Federal Constituency in the National Assembly of the Federation.”

Upon presentation of petition, the petitioners also sought the reliefs in terms of the prayers couched at paragraph 42(1)-(9) thus:

“42.

WHEREOF your Petitioners state that it may be determined by this Honourable Tribunal that the Petitioners are entitled to Declarations or Orders of the Tribunal in the following terms:

1. A DECLARATION of this Honourable Tribunal that the Election Conducted by the 1st Respondent in Nineteen (19) Polling Units in Kurmi and Sardauna Local Government Areas of the Constituency for Gashaka, Kurmi and Sardauna Federal Constituency were conducted in non compliance with the Provisions of the Electoral Act 2010 (as amended).
2. A DECLARATION of this Honourable Tribunal that the Election conducted and return of votes made by the 1st Respondent in Nineteen (19) Polling Units in Kurmi and Sardauna Local Government Areas are null and void.
3. AN ORDER of the Honourable Tribunal deducting the void votes credited to the 1st Petitioner and the 3rd Respondent by the 1st Respondent in its declaration of 30th March, 2015 wherein the 1st Respondent declared the 3rd Respondent a duly elected Member of the House of Representatives for Gashaka, Kurmi and Sardauna Federal Constituency.
4. AN ORDER of the Honourable Tribunal setting aside the declaration made by the

1st Respondent on 30th March, 2015 declaring the 3rd Respondent as a duly elected Member of the House of Representatives for Gashaka, Kurmi and Sardauna Constituency.

5. AN ORDER of the Honourable Tribunal setting aside the Certificate of return issued to the Respondent by the 1st Respondent as a duly elected Member of the House of Representatives for Gashaka, Kurmi and Sardauna Federal Constituency.
6. AN ORDER of the Honourable Tribunal that the 1st Petitioner won a majority of the lawful and valid votes cast in the election conducted by the 1st Respondent on 28th March, 2015 for Gashaka, Kurmi and Sardauna Federal Constituency.
7. AN ORDER of the Honourable Tribunal directing the 1st Respondents to issue a Certificate of Return to the 1st Petitioner as a duly elected Member of the House of Representatives for Gashaka, Kurmi and Sardauna Federal Constituency.

OR

IN ALTERNATIVE TO THE DECLARATION OF THE 1ST PETITIONER AS A DULY ELECTED MEMBER OF THE HOUSE OF REPRESENTATIVES;

8. AN ORDER of this Honourable Tribunal that the Election into the House of Representatives for Gashaka, Kurmi and Sardauna Federal Constituency is

inconclusive as the number of registered voters in the polling Units where noncompliance occurred is more than the margin of votes between the 1st Petitioner and the 3rd Respondent.

9. AN ORDER of the Honourable Tribunal directing that Election be conducted by the 1st Respondent in the Nineteen (19) Polling Units where the non compliance have occurred and the Result of the Election in the Nineteen (19) Polling Units be added to the total votes of the parties in determining the winner of the Election under contest.”

The Petition of the 1st and 2nd respondents were served on the appellant and in its Reply to the petition filed a list of objections to votes credited to the 1st and 2nd respondents and contend that the 4th Respondent won a majority of lawful votes if those votes credited to the 1st and 2nd respondent were deducted.