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ALL NIGERIA PEOPLES PARTY (ANPP) V. PEOPLES DEMOCRATIC PARTY (2007)

case summary

Court of Appeal (Kaduna Division)

Before Their Lordships:

  • Abubakar Abdulkadir Jega JCA
  • Stanley Shenko Alagoa JCA
  • Kudirat M. O. Kekere-Ekun JCA

Parties:

Appellants:

  • All Nigeria Peoples Party (ANPP)
  • Sani Ibrahim Ahmed

Respondents:

  • Peoples Democratic Party (PDP)
  • Salisu Sidi Abba
  • Electoral Officer, Nasarawa Local Government
  • Returning Officer, Nasarawa Local Government
  • The Resident Electoral Commissioner, Kano State
  • The Independent National Electoral Commission (INEC)
Suit number: CA/K/EP/SHA/47/03

Background

This case originated from a petition filed by the respondents challenging the electoral victory of Sani Ibrahim Ahmed, the 2nd appellant, in the Kano State House of Assembly election held on May 3, 2003. The respondents contended that Ahmed was not qualified to run for election due to being below the required age of 30 years as stipulated in section 106(b) of the 1999 Constitution. The election tribunal agreed and ordered a bye-election, leading to this appeal.

Issues

The Court of Appeal addressed two central issues:

  1. Whether the evidence supported the claim that the 2nd appellant was below 30 years at the time of the election.
  2. Whether the tribunal had the jurisdiction to adjudicate on pre-election issues related to the qualification of candidates.

Ratio Decidendi

The Court held that the tribunal possessed the necessary jurisdiction to consider post-election complaints regarding a candidate's qualification, as defined in the Electoral Act and Constitution. Furthermore, it established that the evidence presented was sufficient to conclude that the 2nd appellant was below the requisite age at the time of the election.

Court Findings

The Court found that:

  1. The evidence from the petitioner’s schools and the certified true copy of Ahmed’s birth certificate suggested he was born on January 15, 1975, while the appellant's father provided a different birth certificate stating January 15, 1973.
  2. The tribunal had a duty to evaluate the credibility of witnesses and assign weight to the evidence properly presented; in this case, the tribunal rightly found the evidence of the appellant’s father incredible.

Conclusion

The appeal by the ANPP was dismissed, affirming the tribunal’s decision based on the sufficient evidence demonstrated that Ahmed had not achieved the age of 30 at the time of the election, thus confirming his disqualification.

Significance

This case is significant as it reaffirms the importance of age requirements for electoral candidates under Nigerian law, emphasizing the jurisdictional boundaries of electoral tribunals and their role in adjudicating on matters related to candidates' eligibility. It sets a precedent on how evidence must be evaluated regarding age determinations in election petitions.

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