Engr. Lawal Jibo Jangebe & Anor V. Abu Abubakar & Ors (1998)
LawGlobal-Hub Lead Judgment Report
JAMES OGENYI OGEBE, J.C.A.
The petitioners contested chairmanship election of 15th March, 1997 for the Talata Mafara Local Government Council of Zamfara state with the 1st and 2nd respondents and lost to them. Dissatisfied with the result they filed a petition before the Election Tribunal of Zamfara State alleging that the 1st respondent did not properly resign from the state Civil service before contesting the election. The Election Tribunal nullified the election and ordered a fresh election. Both sides were dissatisfied and appealed to the Election Appeal Tribunal. The 1st and 2nd respondents asked the Election Appeal Tribunal to return them as duly elected while the petitioners cross-appealed that they ought to have been returned as duly elected. The Appeal Tribunal allowed the appeal of the 1st and 2nd respondents and dismissed the cross-appeal of the petitioners.
Idris Samaho State chairman of United Nigeria congress party wrote a petition to the Federal Government for a review of the case.
The learned Attorney-General of the Federation in his Brief to this Court raised two Issues for determination as follows:-
- “Whether the 1st respondent had effectively withdrawn his services from the state Civil service before contesting the said March 15, 1997 Chairman-ship election.
- Whether the Appeal Tribunal was right arriving at the said judgment.”
In the Brief the learned Attorney-General supports the decision of the Appeal Tribunal. The only issue that calls for serious consideration in this review is whether 1st respondent effectively resigned his appointment from the state civil service. There is a brief on behalf of the petitioners urging the court to return them as duly elected.
PW3 Bala Wakili Gusau testified clearly that 1st respondent withdrew his service by paying one month’s salary in lieu of notice and was issued a receipt on 13th March, 1997. The election took place on 15th March, 1997. Since the 1st respondent’s salary in lieu of notice was accepted, he immediately ceased to be in the public service of Zamfara State.
Section 11(1) (f) of the Local Government (Basic constitutional and Transitional Provisions) Decree no. 7 of 1997 reads:-
“A person shall not be qualified to hold the office of chairman if –
(f) he is a person employed in the public service of the Federation or of any state, or of any Local Government or Area council.”
This provision merely requires that at the time of an election a candidate should not be a person employed in the public service of the Federation, or the state or any Local Government. It does not say how long he should have been out of the public service. Since the 1st respondent paid one month’s salary in lieu of notice and was issued with a receipt on the 13th of March, 1997 prior to the election of the 15th of March, 1997, he was effectively out of the service before the election. The trial Election Tribunal was therefore wrong in nullifying his election and the Appeal Tribunal was right in returning him as duly elected since he scored the highest number of votes at the election. The petitioners did not score the highest votes in the election and even if the respondents were properly disqualified it would have been wrong for the Election Tribunal to have returned the petitioners. By virtue of Section 95(1) of the Local Government (Basic Constitutional and Transitional provisions) Decree No. 7 of 1997 all that the Tribunal could do was to nullify the election and order a fresh election to determine the true wishes of the electorate.
For all I have said above, I have no cause to interfere with the decision of the Election Appeal Tribunal which I hereby confirm by declaring the 1st and 2nd respondents duly elected as Chairman and Vice-chairman of their Local Government.
Other Citations: (1998)LCN/0400(CA)
