Sa’ad Mohammed Madomawa & Anor V. Alhaji Dahiru Zubairu & Anor (1998)8)

LawGlobal-Hub Lead Judgment Report

UMARU ABDULLAHI, J.C.A. 

In the election conducted on 15th March, 1997 for the Chairmanship position in Birnin Magaji Local Government council of Zamfara state, the appellants contested for the post of Chairman and Vice-chairman of the Local Government council. The 1st and 2nd respondents also contested for the same posts in the same Local Government council in the same election under the platform of another political party. (DPN).

The 3rd respondent, who conducted the election declared and returned the appellants as the duly elected Chairman and vice-Chairman of the Council having scored the majority of lawful votes cast at the election.

1st and 2nd respondents were not happy with the development, they filed an election petition before an Election Tribunal alleging the following:-

“a) that the 1st Appellant was at the time of the election not qualified to contest the said election as he was not a citizen of Nigeria

b) that the 2nd Appellant was at the time of the election not qualified to contest the said election as he was not educated up to at least the senior secondary school level or its equivalent and that he had not resigned his appointment or withdrawn from the civil service.

They prayed the Tribunal to nullify the election and return of the Appellants and to declare them as the duly elected Chairman and Vice-Chairman of the Local Government council.”

Issues were joined by the parties and each one called witnesses at the trial. At the end of the day, the Election Tribunal held that the 1st appellant was not a citizen of Nigeria and the 2nd appellant did not properly resign his appointment. The Election Tribunal nullified the election and ordered the 3rd respondent to conduct a fresh election in Birnin Magaji Local Government.

The appellants were not happy with the decision of the Election Tribunal and they appealed to the Election Appeal Tribunal.

The Election Appeal Tribunal reviewed the decision of the Election Tribunal and came to the conclusion that the decision arrived at by the Election Tribunal was in error. The Election Appeal Tribunal reversed the findings of the Election Tribunal, dismissed the petition and confirmed the election and return of the 1st and 2nd appellants as was done by the 3rd respondent.

The 1st respondent was not happy, with the decision of the Appeal Tribunal and he petitioned for a review.

Arising from the review, the Attorney-General of the Federation filed a brief of argument.

Some kind of a brief was filed by the appellants, which was substantially in support of the brief filed by the Attorney-General of the Federation.

One issue was identified for determination by the Attorney-General of the Federation, which reads as follows:-