On Wednesday, the 20th day of January 2016, this Court heard and delivered judgment in this appeal. The Court upheld the preliminary objection in part and dismissed the appeal for lack of merit. The reasons for the judgment so delivered was adjourned to today which I now proceed to give.
This appeal is against the judgment of the Court of Appeal, holden in Yola in appeal No. CA/YL/EPT/GMB/GOV/103/2015 delivered on 3/12/15 in which the Court dismissed the appeal of the present appellants against the judgment of the Gombe State Governorship Election Petition Tribunal delivered on the 14th day of October, 2015 dismissing the petition of the appellants herein against the election/return of the 1st respondent as the winner of the Gombe State Gubernatorial election held on the 11th day of April, 2015.
In the petition in question, appellants, as petitioners claimed the following reliefs:
"WHEREFORE your petitioners pray as follows:
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a
It be determined that the Governorship election of the 11th day of April, 2015 in Gombe State conducted by the 3rd respondent was marred by corrupt practices, fraud and outright rigging.
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b
It be determined that the 1st and 2nd respondents herein were not duly elected, and did not score the lawful majority votes cast at the 11th April, 2015 Governorship Election in Gombe State and ought not to have been returned by the 3rd respondent.
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c
It be determined that the total highest number lawful votes cast at the 11th April, Governorship Election in Gombe State for the petitioner and the 1st and 2nd petition ought to have been returned by the respondent as winners of the said election.
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d
It be determined that the votes allegedly scored or credited to the 1st and 2nd respondent in the polling units and wards of Gombe are invalid on the ground of corrupt pray fraud, multiple voting, ballot snatching, stuffing and outright rigging.
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e
It be determined that the Governorship Election of 11th April, 2015 in Gombe State suffered from non-compliance with the Electoral Act, 2010 (as amended).
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f
An order declaring the 1st and 2nd petitioners as the winners of the Governorship Election of 11th April 2015 in Gombe State, having scored the highest number of lawful votes of the total votes cast in the said Election.
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g
An order compelling the 3rd respondent to withdraw from the 1st and 2nd respondents the certificate of return as the validly elected Governor of Gombe State in the Governorship Election held on 11th April 2015.
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h
An order compelling the 3rd respondent to present to the 1st petitioner the certificate of return as the validly elected Governor of Gombe State in the Governorship Election held on 11th April 2015.
Alternatively:
An order nullifying the entire Governorship Election conducted in Gombe State on 11th April, 2015 on the grounds of corrupt practices and non-compliance with the Electoral Act, 2010."
At the trial, appellants called twenty-two (22) witnesses, PW1- PW22 while 2nd respondent called nine to wit: RW1-RW9. On the other hand, RW10 was the only witness called by 1st respondent while 3rd respondent called no witness.
Two main issues were presented to the Tribunal for the determination of the petition, namely:
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i
Who won the majority of lawful votes cast at the election? And
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ii
Were the issues of corrupt practices and non-compliance with the provisions of the Electoral Act proved at the trial?
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iii
At the trial, appellants tendered from the Bar, the certified true copy of the following documents used in the conduct of the election is question, by the 3rd respondent, namely:
Forms EC8A, EC8B and EC8C series, used in the polling units, the ward collation centres and the Local Government Council collation centres in the 11 Local Government Areas of Gombe State. Also tendered from the Bar are: Exhibits AN - which is the Card Reader Report for Gombe State; Exhibit AL - the summary of accredited votes from the Local Government Areas of the State; Exhibits AP- the press statement by 3rd respondent on the use of Card Readers for the Governorship election; Exhibit 'AS' - the approved Guidelines and Regulations for the conduct of the General Election 2015 while Exhibit AR is the manual for election officials 2015.
As stated earlier in this judgment, the Tribunal, after evaluation of the evidence adduced resolved the two main issues against the appellants and consequently dismissed the petition resulting in an appeal to the Court of Appeal. Though the lower Court resolved some of the issues presented before it in favour of appellants, it ended up in dismissing the appeal as lacking in merit. The instant appeal is against that decision.
