Democratic Peoples Party & Anor V. The Independent National Electoral Commission & Ors (2008)

LawGlobal-Hub Lead Judgment Report

MIKA’ILU, J.C.A.

Petition No. PL/LHEPT/21/2007 was filed by the Appellants herein as Petitioners, at the Plateau State Election Petition Tribunal sitting at Jos, complaining of the return of the 4th respondent herein, as the House of Assembly member representing the Langtang North Central Constituency, on the platform of the PDP. The 32 paragraphs petition, attracted a 6 paragraphs Reply from the 1st respondents, and a 7 paragraphs Reply from the 4th respondent.

The facts in brief, are that the 1st appellant, a registered political party that goes by the name of DPP, nominated and sponsored the 2nd appellant, Danjuma Husseini, as a candidate for the House of Assembly seat of the Langtang Central Constitutuency, Plateau State, in the election which was to be held on the 14th of April, 2007. However, as the name and symbol of the 1st appellant were missing from the ballot paper, the election was postponed and re-scheduled for the 28/4/2007.

On the 28/4/2007, the election took place, with improvised presidential ballot papers and at the close of voting, the 4th respondent, Hon. Dinnah Lar, was returned as elected, by the 1st – 3rd respondents. The following votes were scored: (a) Dinnah Lar (PDP) – 10,925 votes (b) Dombin Amos – 1,410 votes (c) Rifkatu N. Lar (AC) – 8,970 votes (d) Danjuma Husseini (DPP) – 6,348 votes (e) Nanpon Kura (LP) – 1 vote The 1st and 2nd appellants as petitioners, challenged the declaration at the Election Tribunal Jos, (hereafter referred to as the lower Tribunal), on the ground of invalidity for non-compliance with the provisions of the Electoral Act 2006.

On conclusion of evidence and after parties had filed and adopted their written addresses, the Lower Tribunal gave judgment on the 16th of January, 2008, dismissing the petition and affirming the return of the 4th respondent as a member of the Plateau State House of Assembly for Langtang Central Constituency because- “…the petitioners have not discharged the evidential burden placed on them that the noncompliance with S 45(1) of the Electoral Act has substantially affected the outcome of the election and return made.” Dissatisfied with the outcome of the Petition, the appellants filed a Notice of Appeal with four grounds of appeal. Consequently, the Appeal was totally lacking in merit and it was dismissed. The judgment of the Lower Tribunal was confirmed. The return of the 4th respondent into the House of Assembly Langtang Central Constituency, Plateau State, was also confirmed.

Costs assessed at N30, 000.00 awarded to the 4th Respondent, against the Appellants.

Other Citations: (2008)LCN/3078(CA)