Shehu Nuhu Babajo & Anor V. Hon. Mustapha Bawa & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A (Delivering the Leading Judgment)

This appeal is against the Ruling of the National and State Houses of Assembly Election Tribunal, Kaduna State, delivered on the 16th of August 2011, dismissing the petition of the Appellants.

The Appellants at the Tribunal filed a petition on 18th May, 2011 challenging the election and declaration of the 1st and 2nd Respondents as winners of the Election into Zaria City Constituency of the Kaduna State House of Assembly held on the 28th April, 2011, conducted by the 3rd Respondent.

Upon being served with the petition the 1st and 2nd Respondents file their Reply on 14th June 2011 and same was served on the Appellants on 20th June 2011. The Appellants filed their Reply to the 1st and 2nd Respondents Reply on the same 20th June 2011 but served on the 1st and 2nd Respondents on the 22nd June, 2011.

Thereafter, the Appellants applied for issuance of Pre-hearing Information sheet by a letter dated 20th J une, 2011 and same was issued on 24th June, 2011.

On 30th June, 2011 the 3rd Respondent the Independent National Electoral Commission filed a motion for extension of time to file Conditional Memorandum of Appearance and Reply to the petition. The application dated 29th June, 201 was filed on 30th June 2011. The motion was moved on 8th July, 2011 and was granted by the Tribunal.

The Appellants filed a Reply to the 3rd Respondent’s Reply on the 11th July, 2011 and served on the 1st and 2nd Respondents on the 14th July, 2011. The Appellants also on the same 11th July, 2011 filed a Motion on Notice seeking for an order to issue Pre-Hearing Notice in the petition, and it was heard and granted on the 22nd July, 2011.

The 1st and 2nd Respondents Motion on Notice dated 1st August 2011 and filed on the 2nd August, 2011 seeking to set aside the Orders of the Tribunal made on 22nd July, 2011 and also to dismiss the petition on the ground that the said petition has been abandoned was granted on the 16th July, 2011.

It is this ruling that set the stage for the Appeal by the Appellants.

The Appellant’s brief of argument prepared by J.J. Usman, Esq, was dated 21st September, 2011 and filed on 22nd September, 2011.

The Appellant’s Reply brief dated 29th September 2011 was filed the same date.

Learned counsel for the Appellants S.O. Omoloba (Mrs) adopted both briefs on 11/10/11 as the submissions and arguments of the Appellants in this Appeal. From the four grounds of Appeal contained on the Notice of Appeal two issues were formulated by the Appellants for determination as follows:

1. Whether the Hon, Tribunal was right in setting aside the Pre-Hearing Notice and Information sheet on the ground that the Appellants did not fulfil the condition precedent for the issuance of the Pre-Hearing Notice.
2. Whether the Appellants have abandoned petition No. EPT/KD/HA/1/2011.

The 1st and 2nd Respondents brief of argument prepared and presented by learned counsel Garba U. Shehu Esq, was adopted as submissions and arguments on behalf of the 1st and 2nd Respondents in this Appeal.

Learned Counsel adopted the two issues distilled by the Appellants as their own for the determination of the Appeal.