- Sidi-Ali v. Baban-Takwa
- ₦ 200
Sidi-Ali v. Baban-Takwa
YUSUF USMAN BABAN-TAKWA & ORS.
NATIONAL ASSEMBLY/GOVERNORSHIP AND
LEGISLATIVE HOUSES ELECTION TRIBUNAL
( ABUJA DIVISION )
CHIOMA NWOSU-IHEME, J. ( CHAIRMAN )
O. E. OKPO, J. (MEMBER)
TINU AKOMOLAFE-WILSON, J. (MEMBER)
I. M. UMAR, K. (MEMBER)
ZAKARIYA Y. ABDULLAHI, K. (
27TH JUNE, 2003
ELECTION PETITION -Ballot papers - Burning same after counting Effect
ELECTION PETITION - Collation Officers for Local Government/Area
Council - Powers of - Section 39, Guideline for Elections
ELECTION PETITION - Collation Officers - Returning Officers - Powers of
under Electoral Act 2002 - Whether subject to review by Election Tribunal and
ELECTION PETITION - Collation Officers - Where usurp the powers of
Resident Electoral Commissioner to accept or reject results of election -
ELECTION PETITION - Returning Officers in the case of Federal
Constituency with more than one Local Government/Area Council - Power of -
Section 40, Guidelines for Elections
ELECTION PETITION - Returning Officer - Where declares results without
receiving reports from his subordinates - Whether proper - Effect of so doing
Whether considering the evidence as presented by the
petitioner and the respondents, there were sufficient irregularities to warrant
the exclusion of the results of Kwaita Sabo Polling Unit, Kwaita Tsoho Polling
Unit, Leda Polling Unit, and Kigbe Polling Unit, all in Yebu Ward.
Whether the Collation Officer had powers to refuse the
said results, whether the Returning Officer was right in announcing the result
without those four Units. If they had the powers, did they exercise such powers
properly and in accordance with the law.
Whether the exclusion of the said four Polling Units
affected the result of the petitioner. Simply put, whether the petitioner would
have won the election if the Collation Officer had not refused to enter the
herein, Adamu Sidi-Ali, a candidate for the All Nigeria Peoples Party (ANPP)
for the election to the House of Representatives petitioned the Election
Tribunal and prayed that it be determined as follows:
That the 1st respondent Yusuf Usman Baban-Takwa who
also contested for the House of Representatives under the Peoples Democratic
Party (PDP) on 12/4/03 was not duly elected or returned.
That the petitioner was duly elected and ought to be
returned as duly elected, having scored the majority of lawful votes cast at
the said election.
That the result in Forms EC8A and EC8B(1) from the
following Polling Units be included in the collated results of Yebu Ward:(a)
Kwaita Sabo Polling Unit in Yebu Ward.
(b) Kwaita Tsoho Polling Unit in Yebu Ward; (c) Leda
Polling Unit in Yebu Ward; and (d) Kigbe Polling Unit in Yebu Ward.
The exclusion of the votes cast in the said four
Polling Units without any justification is unconstitutional, null and void.
The correct votes scored by the petitioner in the said
four Polling Units be entered in Form EC8B(1) for Yebu Ward.
That form EC8B(1) for Yebu Ward and forms EC8C and EC8D
for Kwali Area Council be rectified accordingly and the petitioner declared and
returned as duly elected.
That the petitioner be declared validly elected and
returned, having polled the highest number of lawful votes cast at the
election is incomplete and void as the results in the said four Polling Units
in Yebu Ward were not included in the result sheets, and a fresh election be
held in the entire four disputed Polling Units in Yebu Ward, by the 2nd - 7th
respondents to the Office of membership of the House of Representatives
representing Abaji, Kwali, Gwagwalada and Kuje Federal Constituency.
replies to the petition, the 1st respondent and the 2nd - 7th respondents deny
all the averments in the petition and state that election in those four Polling
Stations were marred by violence and irregularities. That at Leda Polling
Station, there was burning of ballot papers, while at Kigbe, Five Tendered
ballot papers were counted alongside the ordinary ballot papers: That in the
other three Polling Stations in Yebu Ward, it was difficult to reconcile the
overall result with the number of ballot papers issued.
Trial in the petition was conducted and
the Tribunal took argument of counsel to both parties.