Yusuf Umar Yabo & Ors v. Independent National Electoral Commission (INEC) & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER CHUDI OBIORA, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the National and State Houses of Assembly Election Tribunal, Sokoto State sitting in Sokoto in respect of the election for the Member representing Yabo/Shagari Federal Constituency of the Federal House of Representatives in petition No. EPT/SK/HR/01/2023.

The judgment was delivered on 24th October, 2023, Coram Judice, Hon. Justice Dennis C. Maduechesi (Chairman), Hon. Justice Emmanuel A. Abua (Member I) (delivered the leading judgment) and his Worship Esther Tata, CM (Member II).

Brief facts of the case

The election which gave rise to the petition was conducted on the 25th day of February, 2023. At the end of the day, the two leading candidates were the 1st appellant (Yusuf Umar Yabo) of the Peoples Democratic Party and the 2nd respondent (Umar Abubakar) of the All Progressives Congress who were credited with 24,792 votes and 22,497 votes, respectively.

On the 26th day of February, 2023, the Returning Officer for the election declared and returned the 1st appellant as the winner of the election.

Subsequently, and as the 2nd and 3rdrespondent alleged, the Independent National Electoral Commission (1st respondent) declared the election inconclusive along with other elections for the Senate and House of Representatives conducted across all the Senatorial Districts and Federal Constituencies in Sokoto State and set down the 15th day of April, 2023 for supplementary elections.

The said supplementary election did not hold for the House of Representatives on the 15th day of April, 2023 and the 1st respondent later issued a Certificate of Return to the 1st appellant authenticating him as the winner of the election.

The 2nd and 3rd respondents, as petitioners, challenged the declaration and return of the 1st appellant of the Peoples Democratic Party by filing a petition, predicated on a sole ground, namely:

That the election of the 2nd respondent was invalid by reason of non-compliance with the provisions of the Electoral Act, 2022.

The petitioners/respondents pleaded facts in support of their petition and ended up seeking the following reliefs before the tribunal:

a. That the election conducted by the 1st respondent on the 25th day of February, 2023 as well as the supplementary election purportedly conducted by the 1st respondent on the 15th day of April, 2023 for the office of member, Federal House of Representatives to represent Yabo/Shagari Federal Constituency of Sokoto State is inconclusive.

b. An order declaring as inconclusive the election conducted by the 1st respondent on the 25th day of February, 2023 and the supplementary election purportedly conducted by the 1st respondent on the 15th day of April, 2023 for the office of member, Federal House of Representatives to represent Yabo/Shagari Federal Constituency of Sokoto State.

c. That the declaration of the 2nd respondent by the 1st respondent as the winner of the said election conducted for the office of member, Federal House of Representatives to represent Yabo/Shagari Federal Constituency of Sokoto State is premature and undue.