CaseLaw
This is an appeal against the judgment of the National Assembly/Governorship and Legislative Houses Election Tribunal sitting in Kaduna in petition No. EPT/KD/NA/001 delivered on 22nd November, 2007 wherein the Tribunal dismissed the petition of the Appellants. Elections into the House of Representatives of Nigeria were held throughout the Federation on the 21st of April, 2007 including Zaria Federal Constituency. The 1st Appellant was sponsored by the 2nd Appellant, the All Nigeria Peoples Party (ANPP) in the election while the 1st Respondent contested on the platform of the People’s Democratic Party (PDP). The said elections were conducted by the 2nd Respondent, the Independent National Electoral Commission (INEC) with the support of the 3rd to 369th Respondents. At the end of the election, the 2nd Respondent declared the 1st Respondent the winner of the election with 67, 745 votes as against the 1st appellant's score of 37,954 votes. Dissatisfied with the return of the 1st Respondent as winner, the appellants filed a petition which was dismissed. He further filed a Notice of appeal dated 30th November, 2007 on the 3rd day of December, 2007 containing fourteen grounds of appeal. The main grouse of the appellants in the petition was in respect of five wards out of thirteen wards in the Constituency. That there was non compliance with the provisions of the Electoral Act, 2006, in the elections of Dutsen Abba, Gyellesu, Wuciciri, and Dembo wards and that there was no election at all in Kufena ward but mere allocation of votes. The Appellants however accepted the result of the election as being free and fair in the remaining eight wards.