Samari Abdulmalik Anor. V. Yusuf Ahmed Tijani Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A.: (Delivering the Leading Judgment)

This appeal was dismissed by this Court on the 17th day of December 2011 and reasons for the Judgment was reserved.

I hereby give the reasons for the Judgment.

The appeal is against the Judgment of the National and State House of Assembly Election Tribunal, Lokoja in the Kogi State of Nigeria, delivered on 25th day of October 2011 in Petition No: EPT/GK/NAHOR/8/2011 between: SAMARI ABDULMALIK & 1 OTHER VS YUSUF AHMED TIJANI & 16 OTHERS.

Briefly the facts of the case are that on the 9th of April 2011 the 3rd Respondent conducted election into the National Assembly throughout the country.

The 1st Appellant contested the election into the House of Representatives for the Okene/Ogori/Magaongo Federal Constituency under the platform of the 2nd Appellant while the 1st Respondent contested for the same position under the platform of the 2nd Respondent. At the conclusion of the election the 1st Respondent was returned as duly elected.

Dissatisfied with the result of the election the Appellants filed a petition at the trial Tribunal to challenge the return of 1st Respondent.

At the conclusion of hearing, the trial Tribunal dismissed the Appellants’ Petition.

The Appellants were aggrieved with the Judgment and they appealed to this Court.

The learned Counsel for the Appellants formulated three issues for determination. The issues are set out as follows:-

ISSUES FOR DETERMINATION

“(1) Whether the Honourable Tribunal was right in law and fact when it held that the 1st Petitioner’s testimony amounts to hearsay (Grounds 1, 2 & 3).

(2) Whether the Honourable Tribunal was right in law when it held that the massive irregularities that characterised the election were innocent and honest mistakes (Grounds 4 & 5).

(3) Whether the Honourable Tribunal failed to properly evaluate the evidence placed before it (Grounds 6 & 7)”