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P.D.P. v. Sidi-Ali

ADAMU SIDI-ALI

V

YUSUF USMAN BABAN TAKWA

THE RETURNING OFFICER, KWALI/GWAGWALADA/ KUJE/ABAJI FEDERAL CONSTITUENCY

THE PRESIDING OFFICER, KWALI/GWAGWALADA/ KUJE/ABAJI FEDERAL CONSTITUENCY

THE RESIDENT ELECTORAL COMMISSIONER, INEC, FEDERAL CAPITAL TERRITORY, GARKI,

ABUJA

MUSA HUSSAINI (THE ELECTORAL OFFICER)

KWALI AREA COUNCIL, FEDERAL CAPITAL

TERRITORY, GARKI, ABUJA

THE COLLATION OFFICER, YEBU WARD, KWALI

AREA COUNCIL, (TSETIM AKOSO) INEC, FEDERAL

CAPITAL TERRITORY, ABUJA

INDEPENDENT NATIONAL ELECTORAL COMMISSION

IN RE AN APPLICATION FOR LEAVE TO APPEAL AS AN  INTERESTED PARTY

PEOPLES DEMOCRATIC PARTY

V

ADAMU SIDI-ALI

THE RETURNING OFFICER, KWALI/GWAGWALADA/ KUJE/ABAJI FEDERAL CONSTITUENCY

THE PRESIDING OFFICER, KWALI/GWAGWALADA/ KUJE/ABAJI FEDERAL CONSTITUENCY

THE RESIDENT ELECTORAL COMMISSIONER, INEC, FEDERAL CAPITAL TERRITORY, GARKI,

ABUJA

MUSA HUSSAINI (THE ELECTORAL OFFICER), KWALI AREA COUNCIL, FEDERAL CAPITAL TERRITORY, GARKI, ABUJA

COURT OF APPEAL

( ABUJA DIVISION )

GEORGE ADESOLA OGUNTADE, JCA ( Presided )

IBRAHIM TANKO MUHAMMAD, JCA (Read the Lead Ruling)

ZAINAB ADAMU BULKACHUWA, JCA

CA/A/EPHA/129/2003

FRIDAY, 18TH JULY, 2003

APPEAL - Leave to appeal as interested party - Applicant for - Duty on

APPEAL - Leave to appeal as interested party - Application for - Interest which can ground same - Nature of

APPEAL - Right of appeal - Who can exercise

DOCUMENT - Public documents - Certified true copies of - Features of to be valid - Section 111, Evidence Act, Cap. 112 Laws of the Federation, 1990 considered

DOCUMENT - Public documents - Secondary evidence admissible in the case of - Type of - Section 97 Evidence Act, Cap. 112, Laws of the Federation, 1990 considered

EVIDENCE - Public documents - Certified true copies of - Features of to be valid - Section 111, Evidence Act, Cap. 112 Laws of the Federation, 1990 considered

EVIDENCE - Public documents - Secondary evidence admissible in the case of - Type of - Section 97 Evidence Act, Cap. 112, Laws of the Federation, 1990 considered

INTERPRETATION OF STATUTE - Clear and unambiguous words used in statutes - How interpreted

POLITICS - Political party - Right of vis-a-vis its candidate for any elective office

STATUTE - Evidence Act Cap. 112, Laws of the Federation of Nigeria, 1990 -  Section 111 thereof - The word ‘shall’ therein - Meaning of

STATUTE - Evidence Act, Cap. 112, Laws of the Federation, 1990 , section 97  - Secondary evidence of public documents - Type of

STATUTE - Evidence Act, Cap. 112, Laws of the Federation, 1990 , section 111 - Certification of documents - Features of to be valid STATUTE - Mandatory enactments - Breach of - Effect

WORDS AND PHRASES - ‘Shall’ in section 111, Evidence Act - Meaning of

Issue:

Whether the Court of Appeal can grant leave to the applicant to appeal as an interested party against the judgment of the National Assembly Election Tribunal, Abuja delivered on 27th June, 2003 when the documents exhibited  to the application as exhibits PDP1, PDP2, PDP3 and PDP10 are not certified true copies contemplated by section 111 of the Evidence Act.

Facts:

The applicant sought leave of the Court of Appeal to appeal as an “interested party” against the judgment delivered by the National Assembly/ Governorship and Legislative Houses Election Tribunal for the Federal Capital Territory, Abuja. The petition was filed by the 1st respondent, a candidate fielded by the All Nigeria Peoples Party, (ANPP) against Yusuf Usman Baban-Takwa & ors. Baban-Takwa was fielded by the Peoples Democratic Party (PDP). The contest was for the seat of the House of Representatives of Kwali/Gwagwalada/Kuje/Abaji Federal Constituency of the FCT.  Baban-Takwa emerged winner at the election. Alhaji Sidi-Ali and others lost. Sidi-Ali was aggrieved and he petitioned the Tribunal. Before judgment was delivered however, Baban-Takwa was said to have died on 24 /6/03. The Tribunal delivered its judgment on 27/6/03 wherein it nullified the election of Baban-Takwa (deceased) and declared Sidi-Ali as duly elected. The 1st respondent opposed the application on points of law.

The Court of Appeal heard arguments of counsel for and against the application.