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  • Yakubu v. Tsauri
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  • 2004-06-28
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Yakubu v. Tsauri

MANNIR YAKUBU

V

UMAR IBRAHIM TSAURI

THE RESIDENT ELECTORAL COMMISSIONER, INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) KATSINA

THE RETURNING OFFICER, KATSINA SENATORIAL DISTRICT, KATSINA STATE

THE RETURNING OFFICERS BATSARI, BATAGARAWA, CHARANCHI, DANMUSA, DUTSIN-MA, JIBIA, KATSINA, KAITA, KURFI, RIMI, SAFANA LOCAL GOVERNMENT AREAS, KATSINA STATE

THE ELECTORAL OFFICERS, BATSARI, BATAGARAWA, CHARANCHI, DANMUSA, DUTSIN-MA, JIBIA, KATSINA, KAITA,KURFI, RIMI, SAFANA LOCAL GOVERNMENT AREAS, KATSINA STATE

THE RETURNING OFFICERS ALL THE WARDS NAMED HEREIN

THE PRESIDING OFFICERS ALL THE POLLING STATIONS NAMED HEREIN

THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

COURT OF APPEAL

( KADUNA DIVISION )

ISA AYO SALAMI, JCA ( Presided )

DALHATU ADAMU, JCA (Read the Lead Ruling)

STANLEY SHENKO ALAGOA, JCA

CA/K/EP/NA/6/03

THURSDAY, 6TH NOVEMBER, 2003

APPEAL - Arguments thereon - What should be based on

APPEAL - Grounds of appeal - Nature of - How determined

APPEAL - Grounds of appeal - Procedure in formulation or drafting same - Rules relating thereto - Purpose of

APPEAL - Grounds of appeal - Vague, unintelligible or unwieldy grounds -  Effect of

APPEAL - Grounds of appeal - Valid or incompetent grounds Arguments in respect of - Whether appeal court can extract or sift same from those relating to invalid or incompetent ones

APPEAL - Grounds of appeal - Where no issue is formulated thereon Effect

COURT - Appeal court - Whether can extract or sift arguments in respect of valid or competent grounds from those relating to invalid or incompetent ones

Issue:

Whether all the grounds of appeal as well as the issues for determination formulated in the appellant’s brief of argument are incompetent.

Facts:

The appellant and 1st respondent were both contestants at the Katsina State senatorial election under Katsina State Senatorial District on the platform of their respective political parties namely the ANPP and the PDP amongst other candidates who were also sponsored by their various political parties. The senatorial election took place nationwide on 12/4/03. At the end of the election, the 1st respondent was returned by the 3rd respondent as the candidate who scored the highest number of votes and who therefore won the election. The appellant who was not satisfied with the result filed a petition challenging it at the National Assembly/Governorship and Legislative Houses Election Tribunal holden at Katsina on 9/5/03. He prayed the trial Tribunal to declare him as duly elected and to return him as duly elected having scored the majority of lawful votes at the election. In his alternative prayer the appellant asked the Tribunal to declare the election void in whole or in part and order for fresh election or bye-election on the grounds that the said election was not conducted in compliance with the Electoral Act 2002 as it was marred by electoral irregularities, malpractices and corrupt practices including violence, intimidation and bias.

The 1st - 18th respondents herein as they were also before the Tribunal entered conditional appearances on 23/5/03 and filed their respective replies to the petition which included preliminary objections challenging the competence of the said petition. They also filed motion on notice containing similar challenges or objection against the competence of the petition. The trial Tribunal heard these motions and preliminary objection on 4/6/03 wherein it upheld the preliminary objections and declared the petition incompetent for a variety of grounds. Consequently the trial Tribunal struck out the appellant’s petition. It is against this ruling of the trial Tribunal with which the petitioner/appellant was aggrieved that he lodged an appeal against it in the Court of Appeal.