Background
This appeal addresses the election petition concerning Ali Lawan's eligibility to contest in the Borno State House of Assembly elections. The respondent, Hon. Maina Yama, contended that Lawan was disqualified due to a conviction by the Code of Conduct Tribunal, alleging a breach of the Code of Conduct Law. Consequently, the respondent urged the tribunal to declare him the validly elected candidate based on the premise that Lawan's votes were wasted.
Issues
The main issues for determination by the Court of Appeal were:
- Whether the Tribunal had jurisdiction to entertain the petition.
- Whether exhibit “A” was admissible as evidence to prove that the appellant was convicted by the Code of Conduct Tribunal.
Ratio Decidendi
The Court affirmed that findings based on pleaded evidence should not be disturbed by an appellate court unless found to be perverse. The qualification criteria for election to the House of Assembly are explicitly stated in the Constitution of Nigeria, and the appellant's contention that the respondent cross-carpeted to another party was dismissed as irrelevant to disqualification.
Court Findings
The Tribunal had substantiated that the appellant was not qualified to contest the election as he had been convicted for contravening the Code of Conduct Law. The evidence presented, notably Exhibit A, sufficiently demonstrated the conviction, and the failure to challenge this evidence by the appellant's counsel rendered it credible. The appeals against the admissibility of this evidence were also overruled, reinforcing the ruling of the lower Tribunal. In determining the petitioner’s standing to bring the election petition, it was concluded that he had the necessary locus standi as a candidate in the election.
Conclusion
In summary, the Court upheld the lower Tribunal's judgment nullifying Ali Lawan's election due to his disqualification from contesting, founded on the evidence of his conviction.
Significance
This case underscores critical aspects of electoral law in Nigeria while clarifying the powers of election tribunals to evaluate candidates' qualifications based on adherence to the Code of Conduct Law. The ruling serves as a precedent for future cases concerning the integrity of electoral processes and candidates' qualifications.