Umar Adamu Katsayan V. Sani Sa’idu Fago (2016)

LawGlobal-Hub Lead Judgment Report

AMINA ADAMU AUGIE

The Election into the House of Representatives took place all over the country on the 9th of April 2011, and in Katsina State, the 3rd Respondent returned and declared the Appellant, who was the candidate of the CPC, as the duly elected Member representing Daura/Maiadua/Sandamu Federal Constituency of Katsina State. Whereupon, the 1st Respondent, and the party that sponsored him, PDP, filed an election Petition at the Katsina State National and State House of Assembly Election Tribunal, wherein they prayed the Tribunal that it may be determined as follows –

i. That the 1st Respondent (Appellant herein) was not duly elected by majority of lawful votes cast at the election.

ii. That the 1st Petitioner (1st Respondent herein) who scored the majority of lawful votes at the election be declared validly elected and returned the winner of the election.

Or in the Alternative to i and ii above:

iii. That the 1st Respondent was not duly elected or returned.

iv. That the election of the (Appellant herein) was null and void and a fresh or bye-election ordered to be conducted by the 2nd Respondent (INEC) for the Daura/Maiadua/Sandamu Federal Constituency.

The “Grounds on which the Petition is based” are as follows –

(i) That the 1st Respondent (Appellant herein) was not duly elected by majority of lawful votes cast at the election.

OR IN THE ALTERNATIVE

(ii) That the 1st Respondent was at the time of the election not qualified to contest the Election as he was not sponsored by a political party at the election.

They further averred as follows in paragraph 98 of the said Petition –

“FACTS IN SUPPORT OF GROUND TWO – That the 1st Respondent (Appellant herein) was at the time of the Election not qualified to contest the Election as he was not sponsored by a political party at the Election.

i. The (Appellant) was not sponsored by any political party at the Election as required by Section 65(2)(b) of the Constitution…