ALH. BADAMASI KABIR & ANOR V ACTION CONGRESS (AC) & ORS

CORAM

PARTIES

1. ALH. BADAMASI KABIR 2. PEOPLES DEMOCRATIC PARTY (PDP) APPELLANTS

1. ACTION CONGRESS (AC)2. INDEPENDENCE NATIONAL ELECTORAL COMMISSION (INEC)3. RESIDENT ELECTORAL COMMISSIONER (REC), KATSINA STATE 4. RETURNING OFFICE KATSINA CENTRAL FEDERAL CONSTITUENCY5. PRESIDING OFFICER, KOFAR BAI KAYALWA P/S POLLING STATE6. PRESIDING OFFICER, KOFAR BAI KAYALWA P/S II POLLING STATE7. PRESIDING OFFICER, KOFAR BAI KAYALWA P/S III POLLING STATE8. PRESIDING OFFICER, KOFAR BAI KAYALWA P/S IV POLLING STATE9. PRESIDING OFFICER, KOFAR BAI KAYALWA P/S V POLLING STATE10. PRESIDING OFFICER, KOFAR KEKE / NAGOGO P/S POLLING STATE11. PRESIDING OFFICER, TUDUN WADA NAGOGO P/S POLLING STATE12. PRESIDING OFFICER, TUNUN WADA/BAKIN GAWO POLLING STATION 13. PRESIDING OFFICER, KOFAR SAURI K/GIDAN A. MAI RIGA POLLING STATION 14. PRESIDING OFFICER, KOFAR SAURI K/GIDAN A. MAI RIGA POLLING STATION 15. PRESIDING OFFICER, MAKERA/YAR’YARA I POLLING STATION 16. PRESIDING OFFICER, MAKERA/YAR’YARA I POLLING STATION 17. PRESIDING OFFICER, MODOJI/KATSINA CLUB POLLING STATION 18. PRESIDING OFFICER, MODOJI / MODOJI P/S I POLLING STATION 19. PRESIDING OFFICER, MODOJI / MODOJI P/S II POLLING STATION20. PRESIDING OFFICER, MODOJI / MODOJI P/S III POLLING STATION21. PRESIDING OFFICER, MODOJI / MODOJI P/S IV POLLING STATION22. PRESIDING OFFICER, RAFUKKA/GIDADO P/S POLLING STATION23. PRESIDING OFFICER, FAFUKKA GINDIN RIMI I POLLING STATION24. PRESIDING OFFICER, FAFUKKA GINDIN RIMI II POLLING STATION25. PRESIDING OFFICER, KOFAR SAURI P/S I POLLING STATION26. PRESIDING OFFICER, KOFAR SAURI P/S II POLLING STATION27. PRESIDING OFFICER, KOFAR SAURI/KANTIN HUSSAINI ‘I’ POLLING STATION28. PRESIDING OFFICER, KOFAR SAURI/KANTIN HUSSAINI ‘II’ POLLING STATION29. PRESIDING OFFICER, IYATANCHI / NASARAWA P/S POLLING STATION30. PRESIDING OFFICER, ZANGUNA/MASUSSUKI POLLING STATION31. PRESIDING OFFICER, TUDUN WADA GIRLS DAY P/S I POLLING STATION32. PRESIDING OFFICER, TUDUN WADA GIRLS DAY P/S II POLLING STATION33. PRESIDING OFFICER, TUDUN WADA GIRLS DAY P/S III POLLING STATION34. PRESIDING OFFICER, TUDUN WADA GIRLS DAY P/S IV POLLING STATION35. PRESIDING OFFICER, FILIN SAMJI P/S I POLLING STATION36. PRESIDING OFFICER, FILIN SAMJI P/S II POLLING STATION37. PRESIDING OFFICER, KOFAR DURBI K/GIDAN LEMA POLLING STATION38. PRESIDING OFFICER, KOFAR DURBI SOCIAL DV. TRAIN. CENTRE POLLING STATION39. PRESIDING OFFICER, KOFAR MURUSA P/S I POLLING STATION40. PRESIDING OFFICER, KOFAR MURUSA P/S II POLLING STATION41. PRESIDING OFFICER, KOFAR MURUSA P/S III POLLING STATION42. PRESIDING OFFICER, KOFAR MURUSA GIDAN AGWANDA POLLING STATION43. PRESIDING OFFICER, K/MURUSA/DUTSIN AMARE P/S I POLLING STATION44. PRESIDING OFFICER, K/MURUSA/DUTSIN AMARE P/S II POLLING STATION45. PRESIDING OFFICER, K/MURUSA/DUTSIN AMARE P/S III POLLING STATION46. PRESIDING OFFICER, KERAU GIDAN DAN AMAR POLLING STATION46. PRESIDING OFFICER, KERAU GIDAN DAN AMAR POLLING STATION47. PRESIDING OFFICER, KERAU GIDAN DAN AMAR POLLING STATION48. PRESIDING OFFICER, KOFAR MARUSA LAYIN ZANA POLLING STATION 49. PRESIDING OFFICER, KOFAR MARUSA K/G YUSUF LADAN POLING STATION 50. PRESIDING OFFICER, KOFAR MARUSA L/COST BAKIN KANTUNA POLLING STATION 51. PRESIDING OFFICER, KOFAR MARUSA KIDDIES INT. P/S POLLING STATION 52. PRESIDING OFFICER, KOFAR DURBI K/GIDAN DAUDA MANI POLLING STATION 53. PRESIDING OFFICER, KOFAR DURBI K/GIDAN MAI UNG. POLLING STATION54. PRESIDING OFFICER, KOFAR DURBI BAKIN KOFA POLLING STATION55. PRESIDING OFFICER, SABUWAR UNG. K/DURBI POLLING STATION56. PRESIDING OFFICER, YA’RADUA FILIN FIVES I POLLING STATION57. PRESIDING OFFICER, YA’RADUA FILIN FIVES II POLLING STATION58. PRESIDING OFFICER, YA’RADUA GIDAN LABARAN ZARIA POLLING STATION59. PRESIDING OFFICER, SHA’ISKAWA/MAGAMA JUNCTION POLLING STATION 60. PRESIDING OFFICER, K/DURBI GIDAN SANI MASHI POLLING STATION 61. PRESIDING OFFICER, DUTSIN AMARE/FARING IDAN POLLING STATION 62. PRESIDING OFFICER, YA’RADUN K/GIDAN BEBEJI POLLING STATION 63. PRESIDING OFFICER, SHA’ISKAWA K/G ALH. GACHI POLLING STATION 64. PRESIDING OFFICER, SHA’ISKAWA K/G ALH. ISHA GACHI POLLING STATION 65. PRESIDING OFFICER, KOFAR SORO EMIRS PALACE I POLLING STATION 66. PRESIDING OFFICER, KOFAR SORO EMIRS PALACE II POLLING STATION 67. PRESIDING OFFICER, KOFAR SORO UNG. GADI I POLLING STATION 68. PRESIDING OFFICER, KOFAR SORO UNG. GADI II POLLING STATION 69. PRESIDING OFFICER, KOFAR SORO K/GIDAN SULE/DONDA POLLING STATION70. PRESIDING OFFICER, KOFAR SORO K/GIDAN MUSA GADI I POLLING STATION71. PRESIDING OFFICER, KOFAR SORO K/GIDAN MUSA GADI II POLLING STATION72. PRESIDING OFFICER, TAFKIN LAMBU/KOFAR SORO POLLING STATION73. PRESIDING OFFICER, TSAMIYA K/GIDAN SARKIN BINDIGA POLLING STATION74. PRESIDING OFFICER, UNG. KUKA K/GM. MUNTARI C/GIDAN POLLING STATION 75. PRESIDING OFFICER, GAMJI K/GM. TANIMU POLLING STATION76. PRESIDING OFFICER, SAULAWA K/G KADARK POLLING STATION77. PRESIDING OFFICER, SAULAWA K/G DAN BAWA I POLLING STATION78. PRESIDING OFFICER, SAULAWA K/G DAN BAWA II POLLING STATION79. PRESIDING OFFICER, SAULAWA/BAGIGI P/S POLLING STATION80. PRESIDING OFFICER, GWAN-GWAN/BAYAN REX CINEMA POLLING STATION 81. PRESIDING OFFICER, YA’RADUA K/G TALBA I POLLING STATION 82. PRESIDING OFFICER, YA’RADUA K/G TALBA II POLLING STATION 83. PRESIDING OFFICER, YARINCHI K/G BOYI MAHITA POLLING STATION 84. PRESIDING OFFICER, YAMMAWA/FILIN BAYAN K.T.C. POLLING STATION 85. PRESIDING OFFICER, KUKAR GESA M/UNG. POLLING STATION 86. PRESIDING OFFICER, TSALLATORI/K/GIDAN M/UNG. POLLING STATION 87. PRESIDING OFFICER, YARINCHI K /GIDAN WALI I POLLING STATION 88. PRESIDING OFFICER, YARINCHI K /GIDAN WALI II POLLING STATION 89. PRESIDING OFFICER, YARINCHI K /GIDAN SARKIN TSAFTA POLLING STATION 90. PRESIDING OFFICER, K/GIDAN WAMBAI POLLING STATION 91. PRESIDING OFFICER, MAKUDAWA K/GIDAN MALL. MUSA I POLLING STATION 92. PRESIDING OFFICER, MAKUDAWA K/GIDAN MALL. MUSA II POLLING STATION93. PRESIDING OFFICER, MAKUDAWA K/GIDAN MALL. UNG. I POLLING STATION 94. PRESIDING OFFICER, MAKUDAWA K/GIDAN MALL. UNG. II POLLING STATION95. PRESIDING OFFICER, MAKUDAWA K/GIDAN ALH. DALHA POLLING STATION 96. PRESIDING OFFICER, MAKUDAWA K/GIDAN DAN MAKUDA I POLLING STATION 97. PRESIDING OFFICER, MAKUDAWA K/GIDAN DAN MAKUDA II POLLING STATION 98. PRESIDING OFFICER, MAKUDAWA K/GIDAN ABBAN KANWA POLLING STATION 99. PRESIDING OFFICER, MAKUDAWA K/GIDAN DAN MAKUDA POLLING STATION 100. PRESIDING OFFICER, SARARIN TSAKO BAKIN MASALLACI POLLING STATION101. PRESIDING OFFICER, TUDUN YAN’SHANU K/G S/FAWA POLLING STATION102. PRESIDING OFFICER, KWANAR YAN’SHANU K/G YUSUS ROCO POLLING STATION103. PRESIDING OFFICER, CHAKE K/C MUNTARI LAWAL I POLLING STATION104. PRESIDING OFFICER, CHAKE K/C MUNTARI LAWAL II POLLING STATION105. PRESIDING OFFICER, SARARIN TSAKO K/G MUSA WANZU POLLING STATION106. PRESIDING OFFICER, SARARIN TSAKO K/G ABBA GAMBO POLLING STATION107. PRESIDING OFFICER, S/TSAKO K/GIDAN AHMED TURAWA I POLLING STATION108. PRESIDING OFFICER, S/TSAKO K/GIDAN AHMED TURAWA II POLLING STATION109. PRESIDING OFFICER, KOFAR GUGA K/GIDAN ISA LIKITA POLLING STATION110. PRESIDING OFFICER, KOFAR GUGA K/GIDAN BALA KAMFANI POLLING STATION111. PRESIDING OFFICER, KOFAR GUGA K/GIDAN BALA KAMFANI POLLING STATION112. PRESIDING OFFICER, SULLUBAWA K.GIDAN AHMED TURAWA POLLING STATION113. PRESIDING OFFICER, SULLUBAWA K.GIDAN ISAH LIKITA POLLING STATION114. PRESIDING OFFICER, SULLUBAWA K.GIDAN AYUBA POLLING STATION115. PRESIDING OFFICER, SULLUBAWA K.GIDAN USMAN SARKI POLLING STATION116. PRESIDING OFFICER, YANTANDU K/GIDAN USMAN SARKI POLLING STATION117. PRESIDING OFFICER, LUNGUN NUFAWA/SHAGON DANTARO POLLING STATION118. PRESIDING OFFICER, SABO GIDA K/GIDAN MAIL UNG. POLLING STATION119. PRESIDING OFFICER, GAFAI-GAFAI PRIM. SCH. I POLLING STATION120. PRESIDING OFFICER, GAFAI-GAFAI PRIM. SCH. II POLLING STATION121. PRESIDING OFFICER, GAFAI-GAFAI PRIM. SCH. III POLLING STATION122. PRESIDING OFFICER, GAFAI-GAFAI WAKILIN YAMMA POLLING STATION123. PRESIDING OFFICER, GAFAI-GIDAN DAHIRU DABAI I POLLING STATION124. PRESIDING OFFICER, GAFAI-GIDAN DAHIRU DABAI II POLLING STATION125. PRESIDING OFFICER, GAFAI K/GIDAN ALKALI MAI WA POLLING STATION126. PRESIDING OFFICER, GAFAI K/GIDAN LADAN SO POLLING STATION127. PRESIDING OFFICER, BAKIN GIDAN YUSUF POLLING STATION128. PRESIDING OFFICER, NASARAWA DAY K/G MAI UNG. I POLLING STATION129. PRESIDING OFFICER, NASARAWA DAY K/G MAI UNG. II POLLING STATION130. PRESIDING OFFICER, KOFAR YANDAKA/FILIN POLO I POLLING STATION131. PRESIDING OFFICER, KOFAR YANDAKA/FILIN POLO II POLLING STATION132. PRESIDING OFFICER, MASANAWA K/GIDAN MAIL UNG. POLLING STATION132. PRESIDING OFFICER, MASANAWA K/GIDAN YUSUF MAI TAKALMI POLLING STATION.134. PRESIDING OFFICER, MASANAWA OFISHIN WAKILIN YAMMA I POLLING STATION135. PRESIDING OFFICER, MASANAWA OFISHIN WAKILIN YAMMA II POLLING STATION.136. PRESIDING OFFICER, MASANAWA K/GIDAN ASHAHABU I POLLING STATION137. PRESIDING OFFICER, MASANAWA K/GIDAN ASHAHABU II POLLING STATION138. PRESIDING OFFICER, MASANAWA K/G BATULE DAN YAMAI I POLLING STATION139. PRESIDING OFFICER, MASANAWA K/G BATULE DAN YAMAI II POLLING STATION140. PRESIDING OFFICER, MASANAWA K/G BATULE DAN YAMAI IIII POLLING STATION141. PRESIDING OFFICER, KOFAR YANDAKA K/GIDAN ALH. MA’A I POLLING STATION142. PRESIDING OFFICER, KOFAR YANDAKA K/GIDAN ALH. MA’A II POLLING STATION143. PRESIDING OFFICER, KOFAR YANDAKA K/GIDAN ZUBAIRU SHAKKA POLLING STATION144. PRESIDING OFFICER, KOFAR YANDAKA K/GIDAN SULE TSANTSAMI POLLING STATION145. PRESIDING OFFICER, YANTABA K/GIDAN YANDAKA POLLING STATION146. PRESIDING OFFICER, YANTABA K/GIDAN A. GAMBO POLLING STATION147. PRESIDING OFFICER, YANTABA K/GIDAN GAMBO POLLING STATION148. PRESIDING OFFICER, BAMBADAWA K/G DODO TELE POLLING STATION149. PRESIDING OFFICER, BAMBADAWA K/G MAIL UNG. POLLING STATION150. PRESIDING OFFICER, GANDANBU KANTIN ALH. MUNTARI POLLING STATION151. PRESIDING OFFICER, RAFINDADI K/GIDAN IRO ISANSI POLLING STATION152. PRESIDING OFFICER, RAFINDADI P/S I POLLING STATION153. PRESIDING OFFICER, RAFINDADI P/S II POLLING STATION154. PRESIDING OFFICER, RAFINDADI P/S IIII POLLING STATION155. PRESIDING OFFICER, RAFINDADI WAKILIN KUDU OFFICE POLLING STATION156. PRESIDING OFFICER, TSOHUWA KASUWA/DANMARNA P/S II POLLING STATION157. PRESIDING OFFICER, TSOHUWA KASUWA/DANMARNA P/S II POLLING STATION158. PRESIDING OFFICER, ALBABA/DANMARNA P/S POLLING STATION159. PRESIDING OFFICER, ALBABA/DANMARNA P/S POLLING STATION160. PRESIDING OFFICER, DARMA BAKIN CHEDIYA POLLING STATION161. PRESIDING OFFICER, DARMA R/GIDAN ALH. FALALU POLLING STATION162. PRESIDING OFFICER, MARARRABA R/GIDAN ALWARU I POLLING STATION163. PRESIDING OFFICER, MARARRABA K/GIDAN ALWARU II POLLING STATION164. PRESIDING OFFICER, POST OFFICE-BAKIN POST OFFICE POLLING STATION165. PRESIDING OFFICER, UNG. ALKALI-UNG. ALKALI I POLLING STATION166. PRESIDING OFFICER, UNG. ALKALI-UNG. ALKALI II POLLING STATION167. PRESIDING OFFICER, UNG. SHARUFFAI K/G ABBA NA IKKO POLLING STATION168. PRESIDING OFFICER, TSOHUWAR KASUWA K/G ALH. JUNAIDU POLLING STATION169. PRESIDING OFFICER, YANSILIYU K/G SHA’AIBU DANDAUDU POLLING STATION170. PRESIDING OFFICER, YANSILIYU K/G BALA DRIVER POLLING STATION171. PRESIDING OFFICER, YANSILIYU K/G MAJIDADI POLLING STATION172. PRESIDING OFFICER, YAN KYAURE BAKIN RIJIYA POLLING STATION173. PRESIDING OFFICER, SARARIN KUKA PRIM. SCH. POLLING STATION174. PRESIDING OFFICER, SARARIN KUKA K/G MAI UNG. TURAJI POLLING STATION175. PRESIDING OFFICER, SABUWA KASUWA/GARAMA P/S I POLLING STATION176. PRESIDING OFFICER, SABUWA KASUWA/GARAMA P/S II POLLING STATION177. PRESIDING OFFICER, GARAMA-GARAMA PRIM. SCH. POLLING STATION178. PRESIDING OFFICER, S/KASUWA K/GIDAN ALH. HARUNA KUSA POLLING STATION179. PRESIDING OFFICER, K/KAURA LAYOUT P/S I POLLING STATION180. PRESIDING OFFICER, K/KAURA LAYOUT P/S II POLLING STATION181. PRESIDING OFFICER, K/KASUWA K/GIDAN NADADA I POLLING STATION182. PRESIDING OFFICER, K/KASUWA K/GIDAN NADADA II POLLING STATION183. PRESIDING OFFICER, SABON LAYI GIDAN RADIO I POLLING STATION184. PRESIDING OFFICER, SABON LAYI GIDAN RADIO II POLLING STATION185. PRESIDING OFFICER, SABON LAYI GIDAN DAN IYA POLLING STATION186. PRESIDING OFFICER, SABON LAYI GIDAN SARKIN YAKI I POLLING STATION187. PRESIDING OFFICER, SABON LAYI GIDAN SARKIN YAKI II POLLING STATION188. PRESIDING OFFICER, SABON KASUWA K/GIDAN A. ABBATI I POLLING STATION189. PRESIDING OFFICER, SABON KASUWA K/GIDAN A. ABBATI II POLLING STATION190. PRESIDING OFFICER, SABON KASUWA K/G YAHAYA DAUDU POLLING STATION191. PRESIDING OFFICER, SABON KASUWA K/G ALH. MUSA FUNTUA POLLING STATION192. PRESIDING OFFICER, K/KAURA/K/KAURA P/S I POLLING STATION193. PRESIDING OFFICER, K/KAURA/K/KAURA P/S II POLLING STATION194. PRESIDING OFFICER, K/KAURA/K/KAURA P/S III POLLING STATION195. PRESIDING OFFICER, K/KAURA D/AHMED/K/KAURA P/S POLLING STATION196. PRESIDING OFFICER, K/KAURA K/GIDAN GALADIMA POLLING STATION197. PRESIDING OFFICER, K/KAURA K/GIDAN KAURA I POLLING STATION198. PRESIDING OFFICER, K/KAURA K/GIDAN KAURA II POLLING STATION199. PRESIDING OFFICER, INWALA K/GIDAN MUNTARI TELE I POLLING STATION200. PRESIDING OFFICER, INWALA K/GIDAN MUNTARI TELE II POLLING STATION201. PRESIDING OFFICER, INWALA K/GIDAN MILA POLLING STATION202. PRESIDING OFFICER, INWALA DAN MILA POLLING STATION203. PRESIDING OFFICER, INWALA YAN ALEWA I POLLING STATION204. PRESIDING OFFICER, INWALA YAN ALEWA II POLLING STATION205. PRESIDING OFFICER, KOFAR KAURA K/GIDAN ABDULMALIK POLLING STATION206. PRESIDING OFFICER, KOFAR KAURA K/GIDAN KOFUR SAMA POLLING STATION207. PRESIDING OFFICER, TAYOYI K/GIDAN A. SAMA ROBA POLLING STATION208. PRESIDING OFFICER, SABUWAR MAHUTA OPEN SPACE POLLING STATION209. PRESIDING OFFICER, K.S.R.C.-ESTATE HOUSING ESTATE POLLING STATION210. PRESIDING OFFICER, SABUWAR UNG. P/S POLLING STATION 211. PRESIDING OFFICER, SABUWAR UNG. K/GIDAN A. ABDULRAHMAN POLLING STATION212. PRESIDING OFFICER, SABUWAR UNG. KWAUREN DOROWA POLLING STATION213. PRESIDING OFFICER, SABUWAR UNG. MAIKUDI HOTEL I POLLING STATION214. PRESIDING OFFICER, SABUWAR UNG. MAIKUDI HOTEL II POLLING STATION215. PRESIDING OFFICER, KOFAR KAURA K/G ALH. DANA POLLING STATION216. PRESIDING OFFICER, BAYAN A.T.C. K/G A.S.P./ARAHAMAN POLLING STATION 217. PRESIDING OFFICER, BAYAN A.T.C. K/GIDAN RAHMAN POLLING STATION218. PRESIDING OFFICER, A.T.C. – A.T.C. POLLING STATION219. PRESIDING OFFICER, SHARARRAR PIPE DAN BEDI I POLLING STATION220. PRESIDING OFFICER, SHARARRAR PIPE DAN BEDI II POLLING STATION221. PRESIDING OFFICER, SHARARRAR PIPE K/G YAHAYA POLLING STATION222. PRESIDING OFFICER, IWALA K/G GOGALO POLLING STATION223. PRESIDING OFFICER, NAKOWA BREAD GIDAN DOROWA I POLLING STATION224. PRESIDING OFFICER, NAKOWA BREAD GIDAN DOROWA II POLLING STATION225. PRESIDING OFFICER, S/GARI W.T.C./S/GARA BREAD GIDAN DOROWA I POLLING STATION226. PRESIDING OFFICER, GIDAN DAWA/GIDAN DAWA POLLING STATION227. PRESIDING OFFICER, UNG. YARI-FILIN UNG. YARI I POLLING STATION228. PRESIDING OFFICER, UNG. YARI-FILIN UNG. YARI II POLLING STATION229. PRESIDING OFFICER, UNG. YARI OFISHIN WAKILIN AREWA POLLING STATION230. PRESIDING OFFICER, UNG. JAJI-BAKIN CHEDIYA POLLING STATION 231. PRESIDING OFFICER, UNG. MADAWAKI K/GIDAN S/DAURA POLLING STATION232. PRESIDING OFFICER, UNG. MADAWAKI K/GIDAN MADAWAKI POLLING STATION233. PRESIDING OFFICER, UNG. AMBUTTAI P/S I POLLING STATION234. PRESIDING OFFICER, UNG. AMBUTTAI P/S II POLLING STATION235. PRESIDING OFFICER, UNG. BUGU K/GIDAN ALH. ABDU TAKI I POLLING STATION236. PRESIDING OFFICER, UNG. BUGU K/GIDAN ALH. ABDU TAKI II POLLING STATION237. PRESIDING OFFICER, UNG. BUGU K/GIDAN ALH. ABDU KAFA POLLING STATION238. PRESIDING OFFICER, MARNAR GANGARE K/GIDAN ALH. ALI I POLLING STATION239. PRESIDING OFFICER, MARNAR GANGARE K/GIDAN ALH. ALI II POLLING STATION240. PRESIDING OFFICER, MARNAR GANGARE K/GIDAN ALH. FALALU POLLING STATION241. PRESIDING OFFICER, GAMBARAWA K/GIDAN SALELE BATURE POLLING STATION242. PRESIDING OFFICER, GAMBARAWA K/GIDAN URWATU POLLING STATION243. PRESIDING OFFICER, BARAZAKI K/GIDAN URWATU POLLING STATION244. PRESIDING OFFICER, BARAZAKI K/GIDAN ILALI I POLLING STATION245. PRESIDING OFFICER, BARAZAKI K/GIDAN ILALI II POLLING STATION246. PRESIDING OFFICER, DUTSIN SAFE LOW COST P/S I POLLING STATION247. PRESIDING OFFICER, DUTSIN SAFE LOW COST P/S II POLLING STATION248. PRESIDING OFFICER, DUTSIN SAFE GIDAN TAKI COST P/S I POLLING STATION249. PRESIDING OFFICER, MASALLAHCIN IDI FILIN MASALLACI POLLING STATION250. PRESIDING OFFICER, BAKIN KASUWA K/GIDAN MAGAJI GAJEMA I POLLING STATION251. PRESIDING OFFICER, BAKIN KASUWA K/GIDAN MAGAJI GAJEMA II POLLING STATION252. PRESIDING OFFICER, BAKIN KASUWA K/GIDAN SARKIN FADA POLLING STATION253. PRESIDING OFFICER, BAKIN KASUWA K/GIDAN ALH. DALHA POLLING STATION254. PRESIDING OFFICER, GOBARAU-GOBARAU P/S POLLING STATION255. PRESIDING OFFICER, UNG. LABO K/GIDAN ABU MAI CHEFANE POLLING STATION256. PRESIDING OFFICER, FARIN YARO-FARIN YARO P/S POLLING STATION257. PRESIDING OFFICER, UNG. MARUSA K/GIDAN IDI YAMEL POLLING STATION258. PRESIDING OFFICER, UNG. CHIROMA K/GIDAN CHIROMA I POLLING STATION259. PRESIDING OFFICER, UNG. CHIROMA K/GIDAN CHIROMA II POLLING STATION260. PRESIDING OFFICER, LAMAMA K/GIDAN TAMBURA POLLING STATION261. PRESIDING OFFICER, SABUWAR KOFA PRIM. SCH. POLLING STATION262. PRESIDING OFFICER, UNG. ANGO K/GIDAN ABU NA GONA POLLING STATION263. PRESIDING OFFICER, GEZAWA-GEZEWA POLLING STATION264. PRESIDING OFFICER, FAGE K/GIDAN MALL MUSA POLLING STATION265. PRESIDING OFFICER, UNG. MAGAJI K/GIDAN MAI GARI POLLING STATION266. PRESIDING OFFICER, SAULAWA K/G MAL. MU’AZU POLLING STATION267. PRESIDING OFFICER, UNG. TAFA K/GIDAN MAL. AMADI POLLING STATION268. PRESIDING OFFICER, S/GARI/KAURA RAFA K/GIDAN ALH. SABE POLLING STATION269. PRESIDING OFFICER, KAURA RAFA K/GIDAN MAI UNG. POLLING STATION270. PRESIDING OFFICER, SAULAWA K/GIDAN SARKIN TASHA POLLING STATION271. PRESIDING OFFICER, MARAI K/GIDAN MAI UNG. MU’AZU POLLING STATION272. PRESIDING OFFICER, DAN NABASO K/GIDAN MAL. SULE I POLLING STATION273. PRESIDING OFFICER, DAN NABASO K/GIDAN MAL. SULE II POLLING STATION274. PRESIDING OFFICER, MODOJI K/GIDAN MAI UNG. MUSA POLLING STATION275. PRESIDING OFFICER, MODOJI GIDAN MAL. MATI POLLING STATION276. PRESIDING OFFICER, MODOJI-MODOJI POLLING STATION277. PRESIDING OFFICER, MAKERA PRIM. SCH. POLLING STATION278. PRESIDING OFFICER, MAKERA K/GIDAN MAI UNG. KANO POLLING STATION279. PRESIDING OFFICER, SABUWAR BAKURU K/GIDAN MAL. MANI POLLING STATION280. PRESIDING OFFICER, KADAFAWA K/GIDAN MAIN UNG. SAIDU POLLING STATION281. PRESIDING OFFICER, KWADO K/GIDAN MAI UNG. B. ADAMU POLLING STATION282. PRESIDING OFFICER, KWADO K/GIDAN ALH. KADO POLLING STATION283. PRESIDING OFFICER, KAMBARAWA PRIM. SCH. POLLING STATION284. PRESIDING OFFICER, KAMBARAWA K/GIDAN MAL. JATAU POLLING STATION RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Independent National Electoral Commission (INEC) conducted into the House of Representatives Katsina Central Federal Constituency on Saturday 21st April, 2007. The 1st Appellant contested on the platform of the Peoples Democratic Party (2nd Appellant), while the 1st Respondent but now deceased, did contest on the platform of the Action Congress (2nd Respondent). At the end of the election exercise, the Independent National Electoral Commission’s Officials on the same day declared the 1st Appellant as having polled 84,076 votes while the 1st Respondent was credited with 3,916 votes, and one Yusuf of the All Nigeria Peoples Party Polled 16, 351 votes. The 1st Respondent and the Action Congress Party presented a joint petition before the Election Tribunal seeking inter alia the following relief, among others: an order nullifying the entire election held on the 21st April 2007, more particularly as it relates to the office Member Representing Katsina Central Federal Constituency of Katsina State at the Federal House of Representative. The Respondents filed their replies to the petition. Thereafter the matter went to trial. At the close of hearing, learned counsel submitted written addresses. Subsequently, the Tribunal delivered judgment in favour of the 1st Respondent, it consequently annulled the said election and ordered that a fresh election be conducted within 60 days. Dissatisfied with the said judgments, the Appellants have filed an appeal to this court.

HELD

Appeal Allowed

ISSUES

Whether it was right for the Tribunal to have distilled and ascertained for itself, the grounds for the petition under the guise of doing substantial justice when no ground was stated therein. Whether it was right for the Tribunal to have relied on or attach probative value to the Register of Voters for 11 Registration Area in the Constitutions (Exhibit P1(a-v) – P11(a-q) and the depositions in paragraphs 1(1)-1(13), 14 – 17, 18, 20, 22, 25 – 27, 32 – 34 of the 1st Respondent’s Additional Witness Statement on Oath (Exhibit P40) after properly evaluating and rejecting or discrediting the said Respondent’s Additional Witness Statement on Oath (Exhibit P40) after properly evaluating and rejecting or discrediting the said Register and Witness Statement. Whether it was right for the Tribunal to have admitted in evidence and rely on the dispositions in paragraphs 1(1)-(13), 14-17, 18, 20, 22, 25 – 27, 32 – 34 of Exhibit P40 (the 1st Petitioner’s Additional Witness Statement on Oath) having regard of the state of the pleadings and the Tribunal’s earlier refusal of the petitioner’s application to amend their Petition. Whether there is any admissible and probative evidence in support of the finding of the Tribunal that non-accreditation or proper accreditation affected not less than 70 polling units in the eleven Registration Areas complained of by the 1st and 2nd Petitioners regard being had of the fact that no voters, electoral official, polling or collation agents testified in respect of the election. Whether the nullification of the election of the 1st Appellant by the Tribunal can be justified regard being had of the admissible and probative evidence before the Tribunal and its finding that the unlawful votes credited to the parties could not be ascertained. Whether having regard to the provision of Section 141 of the Electoral Act, 2006, the Petition as filed was not incompetent and the lower Tribunal disrobed of the jurisdiction to entertain same.

RATIONES DECIDENDI

PRESENTATION OF ELECTION PETITION- COMPUTATION OF TIME WITHIN WHICH TO PRESENT AN ELECTION PETITION

“Counsel referred to Section 141 of the Electoral Act, 2006 which reads that:
141. An election petition under the Act shall be presented within thirty (30) days from the date the result of the election is declared.
The above provisions have been subject to judicial interpretation that one does not need to go into detail argument but I shall cite a few, namely, Ogbebor v. Danjuma (2003) 15 NWLR (Pt.843) 403 at 426 – 427; Kumalia vs. Sheriff (2008) All FWLR (Pt.431) 1032 at 1045 – 1046; Akume v. Lim (2008) 16 NWLR (Pt.1114) 490 at 502 etc. These judgments were however based on their peculiar circumstances. The facts are that election held on Saturday, 21st April, 2007. The 30th day for presentation of the petition at the Registry of the Tribunal terminated on Sunday, 20th day of May, 2007. There is not evidence that the Registry of the Tribunal was opened on Sunday 20th day of May, 2007 for business. The Interpretation Act Cap 192 Laws of the Federation of Nigeria 1990 Section 15(2) (a) (b) (3)(4) and (5) considers Sunday as a “public holiday.” To expect the petitioners to present their petition on Sunday is therefore absurd. Section 147(3) (5) and 164(1) Rules of Procedure for Election Petition set out the duties of the petitioner when they go to the Secretary of the Tribunal to present a Petition and what is expected of the secretary to do upon receiving the petition, namely, receive the petition, issue a receipt and certify them as true copies etc.”

COURT – WHETHER COURTS ARE AT LIBERTY TO ADHERE TO THE PROVISION OF PREVIOUS STATUTE WHEN CONSIDERING ISSUES FOR DETERMINATION

“Courts and Tribunals are enjoined to avoid blind adherence to previous statutes when considering issues for determination unless they are impair materia. See Nwobodo v. Onoh (1984) NSCC 1 at 14. Laws are usually repealed or amended to take care of present day social changes hence the best manner of knowing the intention of the legislature is to interprete and apply the law in force at the time the cause of action accrued or arose. See Onuoha vs. COP (1959) 4 FSC 23; Ojokolobo v. Alamu (1987) 7 SCNJ 98 at 145 and Ebiriukwu vs Ohanyerewa (1959) 4 FSC 2121.”

ROLE OF A RESPONDENT- STEPS TO BE TAKEN BY A RESPONDENT WHO DESIRES TO DEPART FROM HIS ROLE OF DEFENDING THE JUDGMENT APPEALED AGAINST

“In Obi v. INEC (2007) 11 NWLR (Pt.1046) 565, Mohammed JSC held at page 673-674 as follows:-
…This court has stated in so many of its decisions that the traditional role of the respondent to an appeal is to defend the judgment appealed against. If any respondent wants to depart from this traditional role by attacking the judgment appealed against in any manner, that respondent is obliged by the rules of Court to file a cross-appeal. See Lagos-City Council vs. Ajayi (1970) 1 All WLR 291; Eliochin (Nig) Ltd & Ors vs. Victor Ngozi Mbadiwe (1986) 1 NWLR (Pt.14) 47; and Adefulu vs. Oyesile (1989) 5 NWLR (Pt.122) 377 at 417.”

APPEAL- IMPLICATION OF FAILURE OF THE RESPONDENT TO FILE A CROSS APPEAL OR A RESPONDENT’S NOTICE AGAINST THE JUDGMENT APPEALED AGAINST

“It is also the law that a respondent to an appeal who neither files a cross appeal nor a Respondent’s Notice, will not be allowed to even file a brief of argument in the course of the hearing of the appeal. See Oguma vs. Associated Companies Ltd v. I.B.N.A. Ltd (1988) 1 NWLR (Pt.73) 658 and Kotoye v. Central Bank of Nigeria Ltd (1989) 1 NWLR (Pt.98) 419. Therefore without a cross-appeal, the 6th and 7th Respondents are not competent to play the role of an Appellant they have attempted to play in this appeal. The effect of the action of these respondents in the present appeal is that all the arguments in their respondent’s brief in support of the case of the Appellant in this appeal shall be ignored in its determination.”

PLEADINGS – DUTY OF COURTS TO EXAMINE THE WHOLE PLEADINGS IN DETERMINING THE REAL ISSUES IN CONTROVERSY IN A SUIT

“In my humble view the Supreme Court has laid it down that the whole tenor of the pleadings should be examined to determine the real issues in controversy. See Emesie vs. Onuaguluchi (1995) 12 SCNJ 120 at 131; Fadlallah vs. Arewa Textiles Ltd (1997) 7 SCNJ 202 at 217.”

ELECTION PETITION- GROUNDS UPON WHICH AN ELECTION OR RETURN MAY BE QUESTIONED BY A PETITIONER

“Section 145(1)(a)-(d) of the Electoral Act, 2006 sets out in clear terms the grounds upon which an election or return may be questioned by a Petitioner by providing as follows:
145(1) An election may be questioned on any of the following grounds:
(a) that a person whose election is questioned was, at the time of the election, not qualified to contest the election:
(b) that the election was invalid by reason of corrupt practices or non-compliance with the provisions of this Act;
(c) that the respondent was not duly elected by majority of lawful votes cast at the election; or
(d) that the Petitioners or its candidate was validly nominated but was unlawfulfully excluded from the election.”
(2) An act of omission which may be contrary to an instruction or directive of the commission or of the an officer appointed for the purpose of the election but which is not contrary to the provisions of this Act shall not of itself be a ground for questioning the election.”
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GROUNDS FOR QUESTIONING AN ELECTION- RATIONALE FOR SETTING OUT THE GROUNDS FOR QUESTIONING AN ELECTION

“When the lawmaker provides that the petitioner shall set out the ground for questioning an election it simply means the petitioner shall provide the reasons, points or basis upon which he relies to challenge the validity of the election or return of the candidate in whose favour the declaration was made. This is because in arriving at a decision the Tribunal must ground the judgment on points or grounds of law and fact. There can be no judgment without a ground, basis or reasons which must be determined from the whole contents and tenor of the Petition. In ordinary civil cases, there are times the pleadings of the plaintiff and defendant have to be read together to determine the issues in controversy. See Ehimare v. Emhonyon (1985) 1 NWLR (Pt.2) 177 at 182-183; Akintola vs. Solano (1986) 2 NWLR (Pt.24) 598 and Ishola v. UBN Ltd (2005) All FWLR (pt.256) 1202 at 1211 paragraph “D”.”

ALLEGATION OF NON-ACCREDITATION OF VOTERS – ON WHO LIES THE ONUS OF PROVING AN ALLEGATION OF NON-ACCREDITATION OF VOTERS

“The onus of proving there was no accreditation of voters was on the party complaining, namely, the Petitioners. Once the Petitioners were unable to prove the allegations beyond reasonable doubt the onus does not shift to the Respondents to prove there was accreditation. In Akinfosile v. Ijose (1960) 5 FSC 192 the Federal Supreme Court held at page 199 that:
…a petitioner who alleges in his petitions a particular non-compliance and avers in his prayer that the non-compliance was substantial, must so satisfy the Court. This petitioner failed to do. It follows therefore, that I would allow this appeal, set aside the judgment of the Court below with the order for costs so far as the first respondent is concerned, and order that the petition should be dismissed….
The Tribunal was unable to determine the colour of the ink used to make the ticking or markings in the Voters Registers because the petitioners produced photocopied certified true copies. The onus was on the Petitioners to have subpoenaed or produced credible evidence to prove their complaints beyond reasonable doubt. Non-compliance constitutes electoral malpractice that has to be proved beyond reasonable doubt. See Maikudi v. Musa (2004) All FWLR (Pt.230) 1096 1111-1112; Atikpekpe v. Joe (1999) 6 NWLR (Pt.607) 428-440 and Kingibe v. Maina (2004) ALL FWLR (Pt.191) 1555 at 1588. The duty of the Tribunal is not to descend into the arena to determine which ticking or markings prove which election was held on 21st April, 2007. The Tribunal entered into the arena of speculation to do cloistered justice or to prove what the petitioners should have done in open court. The burden is on the party who takes another to a court or Tribunal to prove the allegations and to show his entitlement to any relief claimed. See Tangale Traditional Council v. Fawu (2002) FWLR (Pt.117) 1147 at 1165 paragraph “B”.”

DOCUMENT- CONSEQUENCES OF AMBIGUITIES IN A DOCUMENT TENDERED BY A PARTY IN SUPPORT OF HIS CLAIM

“Where there is ambiguity in a document tendered by a party in support of his claim that will be construed against him. See Alhaji Adamu v. Alhaji Bauchi (1977) NNLR 131 at 132 and Section 133(3) of the Evidence Act 1990 which provides that:
“(3) If the words of a document are as defective or ambiguous as to be unmeaning, no evidence can be given to show what the author of the document intended to say.”

EXISTENCE OF DOUBT – CONSEQUENCE OF THE EXISTENCE OF DOUBT IN THE EVIDENCE OF A PARTY IN AN ELECTION PETITION

“Moreover, the Tribunal held that doubts in the evidence existed and thus was to be resolved in favour of the Respondents. That is the correct legal position. See Ikhane v. COP (1977) 6 SC 119; Nasamu v. The State (1979) 6-9 SC 153 at 159 and Udosen v. The State (2007) 4 NWLR (Pt.1023) 125 per Ogbuagu JSC at p.16 paragraph “C-F”.”

ADMISSIBILITY OF EVIDENCE – ADMISSIBLE EVIDENCE IN RESPECT OF OFFICIAL TRANSACTION REDUCED INTO WRITING

“The 1st Petitioners then goes on to give what is contained in the Register of Voters. Form EC8A and the total votes cast in respect of 128 Polling Stations and the fact that “no voters were accredited to vote. In our view, what the 1st Petitioner is attempting to do is to prove the content of written INEC documents by oral or affidavit evidence as it is that the only evidence admissible in respect of any official transaction reduced into writing is the document containing the transaction or admissible secondary evidence containing the transaction or admissible secondary evidence thereof. See Awuse v. Odili (supra) where the Court of Appeal held thus:
“The only evidence admissible in any transaction reduced into writing is the document containing the transaction and is not permissible to any party to seek to prove or contradict such evidence, written documents by oral or affidavit evidence. See Section 132 of the Evidence Act, Cap.112 Laws of the Federation of Nigeria 1990. Olanlege v. Agro Continental Nig. Ltd (1996) 7 NWLR (Pt.458) 2940 (underling ours for emphasis).”

TRIBUNAL- WHETHER A TRIBUNAL HAS RIGHT TO OVER-RULE ITSELF IN THE COURSE OF TRIAL

“The Tribunal had no legal right to have subsequently over-ruled itself in the course of trial since there was nothing to show that the ruling was giving without jurisdiction. See Obimonure v. Erinosho (1966) 1 ALL NLR 250; Iro Ogbu v. Urum (1981) 4 SC 1 and Ojiako v. Ogueze (1962) 1 ALL NLR 58.”

REJECTED EVIDENCE- WHETHER REJECTED EVIDENCE COULD BE USED SUBSEQUENTLY IN THE COURSE OF TRIAL

“Rejected evidence be it documentary or oral cannot be later used in the course of trial. See Akpamyong v. Essiet (1975) 3 SC 107; Arubi v. Offshore Operators (Nig) Ltd (1978) 342 at 345 and Babatola v. Aladejona (2001)6 SC 124.”

PERIOD OF LIMITATION – PROCEDURE FOR DETERMINING WHEN AN ACTION IS STATUTE BARRED

“The formula for measuring statute-bar is very simple. A court is enjoined to examine a writ of summons or statement of claim, filed by, a party, which invariably discloses when (the date) the cause of action arose and situate it with the date when the writ of summons or action was filed in court. If the date of filing, as endorsed on the writ, is beyond the period allowed by the limitation law, then the action is statute-barred. If the period is within the time frame prescribed in the limitation statute, then it is not caught by statute-bar. See Elabanio v. Dawodu (2006) 15 NWLR (pt.1001) 76; Mit. Admin., Ekiti State v. Aladeyelu (supra); Duzu v Yunusa (2010) 10 NWLR (pt.1201) 80; Hassan v Aliyu (2010)17 NWLR (Pt.1223) 547.”

WORDS IN A STATUTE – DUTY OF COURTS WHEN A WORD IN A STATUTE IS LEGALLY DEFINED

“In law, where a word in a statute is legally defined, that defined meaning is ascribed to that word by courts in subsequent proceedings on the footing of stare decisis, see Diapianlong v. Dariye (2007) 8 NWLR (Pt.1036) 332 at 447, per, Aderemi, JSC.”

INTERPRETATION ACT – APPLICABILITY OF THE INTERPRETATION ACT

“Let me place on record, ex abundanti cautela, that the Interpretation Act is applicable to all legislations. Little wonder, section 1 of that Act provides: “This Act shall apply to the provisions of any enactment except in so far as the contrary intention appears in this Act or the enactment in question.” That is noted in the case of Ahmed v. FGN (2009) 13 NWLR (Pt.1159) 536. Similarly, it is applicable to all proceedings, criminal and civil alike; see Shekete v. N.A.F (2007) 14 NWLR (Pt.1053) 159. Interestingly, throughout the length and breath of the 166 section Electoral Act, 2006, it never barred the application of the Interpretation Act to it. Nor does the Act exclude the Electoral Act, 2006 from its domain of application.”

SUBSTATIAL JUSTICE – DUTY ON COURTS TO DO SUBSTANTIAL JUSTICE

“Nowadays, a court is enjoined, at all times, to do substantial justice. A court must not slaughter substantial justice on the shrine of technicality. In the case of Maersk Line v Addide Invest. Ltd. (2002) 11 NWLR (pt.778) 317 at 383, Ayoola, JSC, noted:
The judicial process malfunctions and is discredited when it is bogged down by technicalities and is manipulated to go from technicality to technicality and thrive on technicalities. That is why, at all times, the tendency towards technicality should be eschewed and the determination to do substantial justice should remain the preferred option and the hallmark of our judicial system.
See, also, C & C Const. Co. Ltd v. Okoli (2003)18 NWLR (Pt.851) 79; Egolum v. Obasanjo (supra); Famfa Oil Ltd. v. A.-G., Fed. (2003)13 NWLR (Pt.852) 453; Akpan v. Bob (2010) 17 NWLR (Pt.1223) 421.”

CASES CITED

Not Available

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria 1999|Electoral Act, 2006|Interpretation Act Cap 192 Laws of the Federation of Nigeria 1990|

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