Rimande Kwewum Shawulu & Ors v. Mark Useni Bako & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

LATEEF ADEBAYO GANIYU, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the National and State Houses of Assembly Election Petition Tribunal, Holden at Jalingo, Taraba State delivered on 30th October, 2023 Coram: Hon. Justice Benson A. N. Ogbu (Chairman), Hon. Justice Kadi Abdullahi Saidu Usman (Member I) and Hon. Justice Saadu Garba G/Bore (Member II) wherein the trial tribunal dismissed the appellants’ petition on account that same is destitute in merit.

Peeved by the decision of the tribunal, the appellants appealed to this court vide notice of appeal lodged on 15th November, 2023 wherein they set out eleven (11) grounds of appeal.

Brief statement of facts

The 1st appellant was the candidate sponsored by the 2nd appellant to contest election into the Takum/ Dongan/Ussa Federal Constituency seat of the House of representatives of the Federal Republic of Nigeria in an election conducted by the 3rd respondent on 25th February, 2023 and supplementary election conducted on 15th April, 2023 by the 3rd respondent who is the body statutorily saddled with the responsibility to conduct of the election(s) in question and/or General Election in Nigeria.

Suffice it to say that due to inconclusive nature of the election conducted on 25th February, 2023, in the said constituency, supplementary election of 15th April, 2023 was conducted by the 3rd respondent through which the 1st respondent was declared as the winner of the election under consideration. Based on that, the appellants presented their petition before the trial tribunal on two grounds, namely:

“(a) The 1st respondent was not duly elected by majority of lawful votes cast at the election

(b) The Election of the 1st respondent was invalid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act”

Pursuant to the above mentioned grounds upon which the appellants presented their petition, they sought for the reliefs contained at page 29 to 32 of the record of appeal.

During the trial of the petition, the appellants called five witnesses while the respondents called two (2) witnesses and upon conclusion of the trial of the appellants petition, the trial tribunal dismissed the appellants’ petition. Hence, the instant appeal.

In compliance with the extant rules of this court, the Election Judicial Proceedings Practice Direction, 2023 particularly paragraphs 10 – 12 thereof, parties to the instant appeal filed and exchanged their respective briefs of argument. The appellants’ brief of argument is dated 23rd day of November, 2023 and filed on the same date, the 1st respondent’s brief of argument is dated 30th day of November, 2023 and filed on 03/12,2023, the 2nd respondents brief is dated 28th day of November, 2023 but filed on 29/11/2023, the 3rd respondent’s brief of argument is dated November, 2023 but filed on 30/11/2023.

On the other hand, the 1st respondent filed his notice of the 1st respondent’s intention to rely upon preliminary objection pursuant to Order 10 Rule 1 of the Court of Appeal Rules, 2021 dated 1st day of December, 2023 but filed on 03/12/2023. The 2nd respondent also filed 2nd respondent’s notice of preliminary objection dated 28th November, 2023 but filed on 29/11/20223.

In reaction, the appellants filed appellant’s reply brief to the 1st respondent’s brief of argument dated the 7th day of December, 2023 but filed on 8th December, 2023. In reaction to both the 1st respondent’s notice of preliminary objection and the 2nd respondent’s notice of Preliminary objection, the appellants filed appellants’ reply brief to the 1st respondent’s brief of argument dated 7th day of December, 2023 wherein they incorporated their reply to the 1st respondent’s preliminary objection. In the same token, in their appellants’ reply brief to the 2nd respondent’s brief of argument, they incorporated their reply to the 2nd respondent’s preliminary objection.

In their brief of argument, the appellants formulated a lone issue for the determination of the appeal as follows;