Alhaji Mohammed Hussaini Likoro & Anor V. Alhaji Suleiman Mohammed & Ors (1998)
LawGlobal-Hub Lead Judgment Report
JAMES OGENYI OGEBE, J.C.A.
Dissatisfied with the outcome of the Local Government elections held on the 15th of March 1997 in respect of the Chairmanship for Kudan Local Government council of Kaduna state, the petitioners filed a petition to the Election Petition Tribunal of Kaduna state challenging the return of the 1st respondent as the Chairman of Kudan Local Government. The Election Tribunal dismissed the petition. The petitioners were still dissatisfied and appealed to the Election Appeal Tribunal of Kaduna state which also dismissed the appeal. The petitioners then wrote a petition to the Government for a review of the case.
The learned Attorney-General of the Federation in his brief to this court formulated one Issue for determination. It reads:-
“The sole issue for determination before the Review Panel was whether or not the decisions of both the Election and Appeal Tribunals was perverse and against the weight of evidence, as contained in the Records of proceedings.”
A brief was also filed on behalf of the 1st and 2nd respondents. Both briefs are contending that the judgment of the Election Appeal Tribunal be affirmed as it was the right decision in the circumstances of the case. I have read the record of this case and considered the arguments in the briefs and I am satisfied that the judgment of the trial Election Tribunal and the judgment of the Election Appeal Tribunal both in favour of the respondents cannot be faulted. They were based mainly on findings of fact and it is not the duty of an appeal court to interfere with concurrent findings of facts made by lower tribunals. See Okunzua v. Amosu (1992) 6 NWLR (Pt. 248) 416. Eze v. The state (1992) 7 NWLR (Pt. 251) 75 and Oyegun v. Igbinedion (1992) 2 NWLR (pt. 226) 747.
Consequently I see no cause to interfere with the decisions of the two lower Tribunals and I hereby affirm them and in so doing affirm the election of the 1st respondent as the Chairman of Kudan Local Government Council.
Other Citations: (1998)LCN/0396(CA)
