Usman S.B. Musa V. Bello Alhaji Mohammed Gusua & Ors (2003)

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I.T, MUHAMMAD, J. C. A.

The appellant was a candidate at the April 12th 2003 National Assembly Election for a seat at the House of Representatives for the Kontagora, Wushishi, Mariga and Mashegu Federal Constituency. He contested on the platform of the Peoples Redemption Party (P.R.P) while the 1st respondent contested on the platform of the Peoples Democratic Party (PDP). At the end of the election, the 2nd and 3rd respondents returned the 1st respondent as the member elect for the aforesaid Federal Constituency.

The appellant filed a petition on the 9th day of May, at the National Assembly/Legislative Houses and Governorship Election Tribunal for Niger State, sitting at Minna (the Tribunal) challenging the return of the 1st respondent as duly elected. The petition was premised on the following salient grounds that:-

(a) “1st respondent was not qualified to contest the election of 12th April, 2003 on the ground that he presented forged certificates to the 2nd respondent.

(b) all the documents submitted to the 2nd respondent by the 1st respondent as his educational qualifications were forged documents/certificates, i.e.-

(i) certificate of primary education No. 012291 purportedly issued by Sokoto State Ministry of Education on 10th June, 1979;

(ii) SSCE result allegedly issued by Ministry of Education Sokoto in 1992;

(iii) National Diploma certificate purportedly issued By the Kaduna Polytechnic in August, 1988;

(iv) Notification of Result allegedly issued by Usman Dan Fodio University, Sokoto in 1997;

(v) Certificate of Exemption from National Youth Service.

(c) the 1st respondent did not finish from any of the above listed Institutions as claimed by him,

(d) the 1st respondent was not qualified to contest the 12th April National Assembly Election on the ground that he did not have the required educational qualifications of School Certificate

(e) the statutory declaration of age Form submitted to the 2nd respondent for his age qualification was forged and not genuine;

(f) the 1st respondent was not qualified to contest the election of 12th April, 2003 because he did not pay his tax for 3 years immediately preceding the election as and when due