Saidu Suleman Takuma & Anor V. Mahmud Danladi Liman & Ors (2009)

LawGlobal-Hub Lead Judgment Report

MARY U. PETER.ODILI, J.C.A.

This is an appeal against the judgment of the National Assembly Election Petition Tribunal sitting in Minna, Niger State delivered on the 29th day of November, 2007. The Tribunal dismissed the petition of the Appellants which challenged the return of the 1st Respondent as the member representing Edati/Mokwa/Lavun Federal Constituency of Niger State. The Appellants were dissatisfied with the Judgment of the Tribunal and have appealed to this court vide a Notice of Appeal dated and filed on the 13th December, 2007 containing the omnibus ground. Another Notice of Appeal dated and filed on the 17th day of December, 2007, was later filed containing 12 grounds of appeal. Finally a 3rd Notice of Appeal was filed with 13 grounds of appeal on the 18th December, 2007.

The Appellant herein abandoned the two earlier Notices of Appeal but adopted the Notice of Appeal dated and filed on the 18th of December, 2007 and on it is based the Appellants Brief of Argument. In the circumstance therefore the two Notices of Appeal of 13th December, 2007 and that of 17th December, 2007 abandoned are hereby struck out.

FACTS

The 1st Appellant contested for the office of member National House of Representatives for the Edati/Mokwa/Lavun Federal Constituency of Niger State which shall be referred simply as “The Constituency”. The 1st Appellant contested under the banner of the 2nd Appellant, the All Nigeria peoples’ Party (ANPP).

On the other hand, the 151 Respondent contested for the same office under the platform of the Peoples Democratic Party (the 2nd Respondent). At the conclusion of the Election which was held on the 21st April, 2007, the 1st Respondent was returned as the winner of the Election on the basis that he secured the majority of lawful votes cast at the election.

The Appellants being not satisfied with that decision of the 3rd – 7th Respondents filed a petition before the National Assembly Election Petition Tribunal sitting in Minna, Niger State, which shall hereafter be referred to simply as either the “trial court” or “the trial Tribunal” or “the Tribunal”. The Appellants challenged the return of the 1st Respondent on the grounds that as at the time/date of the election, the 1st Respondent was not qualified to contest the said election. The basis for the challenge were the falsification of age and the presentation of forged documents viz certificates to the 3rd Respondent contrary to the provisions of the Constitution of the Federal Republic of Nigeria 1999 and it was couched in this way:

“GROUNDS OF PETITION:

1. The 1st Respondent was not qualified to run for the office of the Federal House of Representatives for EDATI/MOKWA/LAVUN Federal Constituency in that the 1st Respondent forged and submitted forged documents and certificate to the 1st Respondent for his clearance.
2. The 1st Respondent presented certificate and declaration of age to the 1st Respondent for clearance which were fraught with forgery and substantial non compliance with the provisions of the Constitution of the Federal Republic of Nigeria and the Electoral Act 2006 and the rule and regulations laid down for the conduct’ of the Election by the 3rd Respondent further to the provisions of the Act”.

The Tribunal compressed the petition into a single ground and this the Appellant opines led to the failure of the Tribunal to look at the petition with the liberality that was expected of all courts or tribunals in the consideration of an election petition because they are sui generis.

The Appellant contended that the Tribunal erred in its consideration of what was before it and came to a wrong conclusion and decision for which Appellants have appealed to this court.

On the 18/2/09 when the hearing of this appeal took place the learned counsel for the Appellants, Y.C. Maikyau Esq. adopted the Appellants Amended Brief filed on 27/6/08 and also their Reply Brief filed on 16/6/08 and urged the court to allow the appeal. In the Appellants Brief, the Appellants formulated four (4) issues for determination which are as follows:-

1. Whether from the pleadings and evidence before the Tribunal, the Appellants raised the age of the 1st Respondent as a ground for his disqualification to contest the Election conducted on the 21st of April, 2007 for the office of Member Representing Edati/Mokwa/Lavun Federal Constituency of Niger State?
2. Where issue 1 is answered in the affirmative, whether the Appellants have established that the 1st Respondent was disqualified from contesting the aforesaid Election on the grounds of his age.
3. Whether upon proper evaluation of the pleadings and the evidence on the record more particularly the Exhibits P5A – P5P, R1 and R2 attached to the affidavit in support of the personal particulars presented to INEC by the 1st Respondent. The Appellant has established against the 1st Respondent the case of presentation of forged Certificates/Documents under Section 66(1) (i) of the Constitution of the Federal Republic of Nigeria 1999, such that the 1st Respondent was disqualified from contesting the Election, held on the 2nd of April, 2007 for the office of member representing Edati/Mokwa/Lavun Federal Constituency of Niger State.
4. Whether the 1st Appellant was entitled to be returned as the winner of the Election?

Mr. Rotimi Ojo of counsel for the 1st and 2nd Respondents adopted the joint brief of his clients filed on 4/7/08 and prayed that the appeal be dismissed. He further adopted the issues set out by the Appellants.

The 3rd – 7th Respondents did not turn up even though served and they filed no Briefs.

ISSUE NO 1