Usman Umar Yaba V. Alh. Ibrahim Assalamu Alaikum & Ors (1998)

LawGlobal-Hub Lead Judgment Report

UMARU ABDULLAHI, J.C.A.

At an election conducted by-the-National Electoral Commission of Nigeria (NECON) on 15th March, 1997. The appellant, herein, Usman Umar Yaba contested the election for the post of the chairmanship of Malumfashi Local Government council in Katsina state on the platform of the UNCP, while Alh. Ibrahim Assalamu Alaikum, 1st respondent herein, also contested for the same position under the platform of the DPN.

At the conclusion of the poll, the 4th Respondent (NECON) declared and returned Alh. Ibrahim Assalamu Alaikum, 1st respondent as the duly elected Chairman of Malumfashi Local Government Council.

The appellant, Usman Umar Yaba was not happy with the development, he filed a petition before the Election Tribunal on the grounds that:-

1. 1st respondent was not qualified to contest the election.
2. That the election was voided by corrupt practices, irregularities and offences against Decree No. 7 of 1997. The Election Tribunal dismissed the petition on all the grounds and held that Alh. Ibrahim Assalamu Alaikum was qualified to contest the election and that no malpractices were proved to have been committed at the election.

The appellant was not happy with the decision of the Election Tribunal. He appealed to the Election Appeal Tribunal.

The Election Appeal Tribunal after, considering the appeal, allowed it and found that the 1st respondent was not qualified to contest the election on the ground that he, 1st respondent was elected as Chairman on party bases immediately preceding the election in question. Also that the allegations of malpractices were proved.

It is against this decision of the Election Appeal Tribunal that the political party (DPN) of the 1st respondent made representation to the Review panel.

Arising from the work of the Review panel, the Attorney-General of the Federation filed a brief of argument. In the brief, two issues were formulated.

They read as follows.

1. Whether Alhaji Ibrahim Assalamu Alaikum was qualified to contest the Local Government Election as Chairman Malumfashi Local Government council.
2. whether the allegation of electoral malpractices/irregularities were proved.

Another brief of argument was filed on 15/4/98 by counsel for and on behalf of the 1st respondent.

Some six issues were formulated for determination.

They are as follows:-

“1. whether the Election Appeals Tribunal was right in granting the motion to adduce new and or further evidence of the election of the said Ibrahim Assalamu-Alaikum on party basis in an election prior to the one of March 15, 1997?

2. Whether the dispute of the said election could have been tried by motion as was done by the Election Appeals Tribunal?
3. whether the Election Appeals Tribunal was right to have tried the case as if it were the Trial Tribunal?
4. whether the documents annexed to the said motion papers being uncertified public documents were admissible In Law?
5. Whether the Lower Tribunal (Election Appeals Tribunal) was right when it allowed the appeal and ordered for the removal of Ibrahim Assalamu-Alaikum as it did?
6. Whether Ibrahim Assalamu Alaikum was given a fair hearing.”

Let me quickly mention that this brief and all the issues formulated did not actually relate to the main issue of the petition before the Election Tribunal.