Election Petition On Lafia/Obi Federal Constituency:

• Hon Abubakar Sarki Dahiru Appeals Judgment, Asks Appeal Court To Affirm His Return As Elected
• Dr Kigbu Cross Appeals, Asks Appeal Court To Declare Him Elected

 

By Matthew Kuju

 

The battle for the seat to represent Lafia/Obi Federal Constituency which the Election Petition Tribunal sitting in Lafia passed judgment has shifted to the Court of Appeal, Makurdi, Benue State.

Whereas the Election petition was filed by Dr Joseph Haruna Kigbu challenging the election of Hon Abubakar Dahiru, in the case of the appeal, the two parties have approached the Court of Appeal seeking reliefs.

Each party wants to be declared the winner of the 23^rd February, 2019 National Assembly election to occupy the seat representing Lafia/Obi Federal Constituency in the Green Chambers of 9th National Assembly.

It should be recalled that Dr Joseph Haruna Kigbu filed a Petition on the 17th March, 2019 challenging the declaration of Hon Abubakar Dahiru as the winner of the election to the House of Representatives for the Lafia/Obi Federal Constituency, on the ground that he (Hon Abubakar Dahiru ) was not duly elected by a majority of lawful or valid votes cast at the election.

Dr Kigbu’s reliefs:

Dr Kigbu had approached the Tribunal seeking the following reliefs:

That Abubakar Sarki Dahiru of All Progressives Congress (APC) was not duly elected and/or returned.

He also asked for an Order nullifying results of election in respect of polling units affected by over-voting, inflation of votes and or non-compliance with INEC Guidelines with respect to use of Card Reader.

He also sought for a mandatory order restoring results of election in 24 polling units in Agyaragu Tofa Ward and all other polling units whereby results were unlawfully or inappropriately excluded by INEC as articulated in the petition and thereupon adding up the votes scored to the overall result of the election.

Dr Kigbu asked that he be declared as duly elected or returned as a person with majority of lawful or valid votes cast at the election having scored a total of 64)64 votes as against the 2^nd respondent who scored overall votes of 45,892 thereby beating the latter with a wide margin of 18,472 votes”

He also asked the Tribunal to issue an order directing INEC to withdraw the certificate of return issued to Abubakar Sarki Dahiru.

He then asked for a consequential order directing the INEC to issue certificate of return to him.

In the alternative, Dr Kigbu asked for an order declaring the election in Lafia/Obi Federal Constituency held on 23^rd February, 2019 as inconclusive on the ground that the margin of votes between the 2^nd and 3^rd respondents and the petitioners as declared by the 1^st respondent is lower than the number of registered voters and/or votes in areas where election results were cancelled and/or excluded.

One other alternative relief sought by Dr Kigbu was an Order directing INEC to conduct a re-run election in respect of all affected polling units already mentioned in the petition thus: 24 polling units in Agyaragu Tofa ward, 10 polling units in Arikiya Ward as itemized in the petition, 5 polling units in Akurba Ward as itemized in the petition, 2 polling units in Adogi Ward as itemized in the petition, 4 polling units in Keffi Wambai Ward as itemized in the petition, and 4 polling units in Makama Ward as itemized in the petition.

Others were 2 polling units in Zanwa Ward as itemized in the petition, 9 polling units in Chiroma Ward as itemized in the petition, 9 polling units in Gayam Ward as itemized in the petition and all affected polling units where elections were cancelled in Obi Local Government Area.

Judgment By The Tribunal

Recall also that on 12th September, 2019, the National And State Houses Of Assembly Election Petition Tribunal sitting in Lafia presided over by Hon Justice W. A. Chechey – Chairman, Hon Justice M. S. U. Katibu – Member 1 and Hon Justice N. A. Adeyanju – Member 2 had declared thus:

• That the 2^nd respondent namely Abubakar Sarki Dahiru of All Progressives Congress (APC), the 3^rd respondent herein was not duly elected and or returned.

2. It is ordered that the results of the election in respect of polling units affected by over-voting, inflation of votes and or non- compliance with INEC Guidelines with respect to use of Card Reader, be and are hereby nullified.

• A mandatory order is hereby made restoring results of election in 24 polling units in Agyaragu Tofa ward and all other polling units where results were unlawfully or inappropriately excluded by the 1^st respondent as articulated in the petition and thereupon adding up the votes scored to the overall result of the election.
• It is ordered that the Petitioners, particularly the 1^st Petitioner, be and are declared as duly elected or returned as a person with majority of lawful” or valid votes cast at the election having scored a total of 64,364 votes as against the 2^nd respondent who scored overall votes of 45,892 thereby beating the latter with a margin of 18,472 votes.

5. The 1^st respondent is ordered to withdraw the Certificate of Return issued to the 2^nd
6. The 1^st respondent is ordered directing the 1^st respondent to issue Certificate of Return to the 1^st
7. In the alternative it is declared and ordered as follows:
8. That the election in Lafia/Obi federal Constituency held on 23^rd February, 2019 was inconclusive on the ground that the margin of votes between the 2^nd and 3^rd respondents and the petitioners as declared by the 1^st respondent is lower than the number of registered voters and or votes in areas where election results were cancelled and or excluded.

• The 1^st respondent is ordered to conduct a re-run election in respect of all affected polling units already mentioned in the petition and as highlighted below:

1. ’24 polling units in Agyaragu Tofa ward

• 10 polling units in Arikiya Ward as itemized in the petition.
• 5 polling units in Akurba Ward as itemized in the petition.
• 2 polling units in Adogi Ward as itemized in the petition.
• 4 polling units in Keffi Wambai Ward as itemized in the petition.
• . 4 polling units in Makama Ward as itemized in the petition.
• 2 polling units in Zanwa Ward as itemized in the petition.
• 9 polling units-in Chiroma Ward as itemized in the petition.
• 9 polling units in Gayam Ward as itemized in the petition.
• All affected polling units where elections were cancelled in Obi
  Local Government Area.

The above Orders must be complied with within the 90 day statutory
period.

Appeal

On the 19th September, Hon Abubakar Sarki Dahiru filed an appeal at the Court of Appeal, Makurdi Judicial Division seeking the following reliefs:

1. An order allowing the Appeal;
2. An Order setting aside the Judgment of the Trial Tribunal delivered on the 12th September, 2019;
3. An Order dismissing the Petitioners Petition for being unmeritorious;
4. An Order affirming the Declaration and return of the appellant (Abubakar Sarki Dahiru) as the duly elected member of the House of Representatives for the Lafia/Obi Federal Constituency of Nasarawa State in the election held on 23rd February, 2019.

To buttress his position and reliefs, the appellant (Hon Abubakar Sarki Dahiru) formulated 21 Grounds and stated particulars of errors.

Cross Appeal

Dissatisfied with part of the judgment on the petition, Dr Kigbu has also decided to approach the Court of Appeal, Makurdi Judicial Division.

In his Cross Appeal filed on 1st October, 2019, Dr Kigbu is asking the Court of Appeal to grant him the following reliefs:

1. An order allowing the Cross – Appeal.
2. An order setting aside that part of the Judgment of the National and State Houses of Assembly Election Petition Tribunal delivered on 12^th day of September, 2019 in Petition NO EPT/NSHA/NS/REP/07/09in respect of Cross-Appellant’s Motions of 16^th May, 2019 and also the part of the Judgment declaring the election in Lafia/Obi Federal Constituency, held on 23^rd February, 2019 as inconclusive and directing the 3^rd Respondent to conduct a re-run election in respect of all affected Polling units namely,
3. 24 polling units in Agyaragu Tofa Ward.
4. 10 polling units in Arikiya as itemized in the petition.
5. 5 polling units in Akurba Ward as itemized in the petition.
6. 2 polling units in Adogi Ward as itemized in the petition.
7. 4 polling units in Keffi Wambai Ward as itemized in the petition
8. 4 polling units in Makama Ward as itemized in the petition.
9. 2 polling units in Zanwa Ward as itemized in the petition.
10. 9 polling units in Chiroma Ward as itemized in the petition.
11. 9 polling units in Gayam Ward as itemized in the petition.
12. All affected polling units where elections were cancelled in obi Local Government Area.
13. An order affirming the other aspects of the Judgment of the lower Tribunal delivered on the 12^th day of September, 2019 as follows:

“It is accordingly, determined and declared as follows:-

1. That the 2^nd Respondent namely Abubakar Sarki Dahiru of All Progressives Congress (APC), the 3^rd Respondent herein was not duly elected and or returned.
2. It is ordered that the results of the election in respect of Polling Units affected by over – voting, inflation of votes and or non – compliance with INEC Guidelines with respect of use of Card Reader, be and are hereby nullified.
3. A mandatory order is hereby made restoring results of election in 24 Polling Units in Agyaragu Tofa Ward and all other polling units where results were unlawfully or inappropriately excluded by the 1^st Respondent as articulated in the Petition and thereupon adding up the votes scored to the overall result of the election.
4. It is ordered that the Petitioners, particularly the 1^st Petitioner, be and are declared as duly elected or returned as a person with majority of lawful or valid votes cast at the election having scored a total of 64,364 votes as against the 2^nd Respondent who scored overall votes of 45,892 thereby beating the latter with a margin of 18,472 votes.
5. The 1^st Respondent is ordered to withdraw the Certificate of Return issued to the 2^nd Respondent.
6. The 1^st Respondent is ordered directing the 1^st Respondent to issue Certificate of Return to the 1^st Petitioner.”

The Cross Appellant (Dr Kigbu) based his reliefs on nine Grounds stating particulars of errors.

At the time of going to press, the Court of Appeal, Makurdi was yet to commence sitting on the Appeal.