May 18, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 35951 In the Supreme Court of Nigeria Tue Apr 24, 2012 Suit Number: SC 14/2012 CORAM PARTIES MALLAM ABUBAKAR ABUBAKARGARBA KAMBA RABIU […]
CORAM
PARTIES
MALLAM ABUBAKAR ABUBAKARGARBA KAMBA RABIU CONGRESS FOR PROGRESSIVE CHANGE [CPC] APPELLANTS
SAIDU USMAN NASAMU & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
On the 26th day of April, 2011 Governorship election into the office of the Governors of various states in Nigeria including Kebbi State, were held. At the election, 1st and 2nd appellants were sponsored by 3rd appellant. Congress for Progressive Change while 1st and 2nd respondents were the candidates of 3rd respondent, Peoples Democratic Party(PDP).At the conclusion of the election, the 4th respondent declared the 1st and 2nd respondents winners of the election into the Office of Governor and Deputy Governor of Kebbi State having scored the majority of lawful votes cast at the election and fulfilled all other constitutional requirements.
HELD
Appeals allowed., cross-appeal dismissed.
ISSUES
1. Whether in view of the provisions of Sections 285(7) & (8) and 294(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the judgment of the lower court delivered on the 29th day of December,2011 in respect of the which the reasons for the decision was given on the 23rd day of January, 2012, is a nullity and,?
2. whether or having regards to the totality of the pleadings and evidence on record, the lower court was right in setting aside the judgment of the tribunal which nullified the decision of the 1st and 2nd respondents and ordered fresh election and whether the said court was right in dismissing the cross appeal.?
RATIONES DECIDENDI
OBJECT OF INTERPRETING STATUTE
“It is settled law that the object of interpreting statute or the constitution is to discover the intention of the legislature , which intention is usually deduced from the language used in the statute or constitution.”
Per Walter Samuel Nkanu Onnoghen J.S.C.
WHAT A DECISION IS IN LAW
“A decision is arrived at through a demonstrable process of reasoning based on the facts proven in evidence and the applicable law. It follows therefore that a decision without the reasons for same is in law, no decision at all.”
Per Walter Samuel Nkanu Onnoghen J.S.C.
COURTS WITH JURISDICTION OVER APPEALS IN ELECTION MATTERS
“So in relation to appeals on election matter, it is clear and I hereby hold that there are two courts constitutionally clothed with final jurisdiction to hear and determine same. These are:-
The Court of Appeal in relation to National and State Houses of Assembly election petitions, and,
The Supreme Court of Nigeria in respect of decisions of the Court of Appeal on the question as to whether any person has been validly elected to the Office of Governor or Deputy Governor under the constitution.”
Per Walter Samuel Nkanu Onnoghen J.S.C.
PURPORT OF SECTION 294 OF THE 1999 CONSTITUTION
” It is settled law that in the circumstances of this case, the specific provisions in relation to election matters must prevail or apply to the judgment in question and not the general provision in Section 294 which applies to civil proceedings in general. The said Section 294 has no relationship with election petition matters as against the provisions of Section 285 of the said 1999 Constitution, as amended.”
Per Walter Samuel Nkanu Onnoghen J.S.C.
CASES CITED
Madukolu v Nkemdilim (1962) 4 All NLR 587;Skenconsult Nig. Ltd. V Ukey (1981) 1 S.C 6Mcfoy v UAC (1964) AC.
STATUTES REFERRED TO
Section 285(7) & (8) of the 1999 Constitution.
Section 294(1) of the 1999 Constitution.
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