Richard Idowu Akanmode & Anor V. Melaye Daniel Dino & Ors. (2008)

LawGlobal-Hub Lead Judgment Report

AYOBODE O. LOKULO-SODIPE, J.C.A.

This is an appeal against the judgment of the Kogi State National Assembly/Governorship and Legislative Houses Election Petition Tribunal, delivered in PETITION NO. NAGLH/KG/40/2007 on 9th October, 2007. The Petition was dismissed by the trial Tribunal. The Petition was challenging the return of one Melaye Daniel Dino (1st Respondent) as the winner of the election conducted on 21st April, 2007 for the Ijumu/Kabba/ Bunu federal Constituency of the House of Representatives. The election in question was contested by the 1st Appellant, 1st Respondent and four others. The Appellants as petitioners jointly presented the Petition on 21st day of May, 2007. The 1st Appellant was the candidate of the Action Congress in the election while the 2nd Appellant was the political party that sponsored the 1st Appellant as its candidate for the said election. The Petition consisting of 37 paragraphs was accompanied with statements of witnesses on oath and other attachments. The 1st Respondent filed a Reply to the Petition but the said Reply was not accompanied with any witness statement on oath. The 2nd – 109th Respondents jointly or severally did not file any Reply to the Petition. The Appellants filed a Reply to the Reply of the 1st Respondent. The two Grounds of the Petition, as set out therein are:-

“1. The election was invalidated by reasons of corrupt practices and non-compliance with the provisions of the Electoral Act.

2. The 1st Respondent was not duly elected by majority of lawful votes cast.”

The prayers of the petitioners in the Petition are that it be determined:

“1. That the election held on 21st day of April, 2007 wherein the 1st Respondent Melaye Daniel Dino was returned as winner by the 3rd and 4th Respondents of the said Kabba/Bunu/Ijumu Federal Constituency for the House of Representatives election be declared invalid by reason of corrupt practices and the election be declared null and void and a fresh election ordered by this Honourable Tribunal in all the wards.

2. That the 1st Respondent Melaye Daniel Dino was not duly elected as the election was invalid by reason of corrupt practices and noncompliance with the provisions of the Electoral Act.
3. That the 1st Respondent Melaye Daniel Dino was not duly elected by the lawful votes cast at the elections.
4. An Order of this Honourable Tribunal to void the return and election of the 1st Respondent, the election having been invalidated by corrupt practices and non-compliance with the provisions of the Electoral Act.”

Hearing commenced in the Petition on 17/9/2007 and was concluded on 4/10/2007. Only the Petitioners called witnesses at the hearing of the Petition. They called a total of 9 witnesses. As already stated the Election Tribunal in its judgment delivered on 9th October, 2007 dismissed the Petition presented by the Appellants as petitioners and being dissatisfied with the decision of the Tribunal in this regard, the Appellants appealed against the same by filing a Notice of Appeal dated 29th October, 2007 on the same day.

The Notice of Appeal filed by the Appellants contains ten (10) Grounds.

The Grounds of appeal without their particulars are as follows: –

” GROUND ONE

The judgment is against the weight of evidence.

GROUND TWO

The learned Justices of the Tribunal erred in law when they concluded thus:

“We have taken a keen look at Exhibit ‘E’ but find that

(a) It is a situation report in respect of Aiyetoro Ward 1 & 2.