(Taraba News)
Every Individual is surprised By the Decision taken by Court when it disqualifies APC Gubernatorial Candidate Sani Abubakar Danladi, We at Jeremy Spell Blog are not Left behind as we gathered information regarding this announcement. So feel free and read it below...
"..The Federal High Court sitting in Jalingo, Taraba State today the 6th day
of March, 2019 has disqualified the Taraba State APC Governorship
candidate Alhaji Sani Abubakar Danladi from contesting the March 9th
Governorship election in Taraba State following a case instituted against
the candidate by some APC members before the Federal High Court.
Justice Stephen Pam of the Federal High Court, Jalingo upon delivering
his Judgement on the said case ordered that Alhaji Sani Abubakar
Danladi is disqualified from contesting the March 9th Governorship
Election in Taraba State.
The plaintiffs had through their lawyer Imoukhuede Hope, Esq. via an
originating Summons dated 9th January, 2019 sued the APC Governorship
candidate Sani Abubakar Danladi and 2 others before the Federal High
Court, Jalingo in suit number: FHC/JAL/CS/1/
2019 seeking a declaration
that
“the information contained in the affidavit supporting the
personal particulars that Sani Abubakar Danladi was born on
the 14th February, 1968 is in conflict with Sani Abubakar
Danladi’s date of birth contained in his West African Senior
School Certificate submitted by him to INEC which indicates
that Sani Abubakar Danladi was born on 3rd April 1977”
and another declaration that;
“the information given by Sani Abubakar Danladi as to his age
in the affidavit in support of his personal particulars in the
INEC form CF001 submitted to INEC by Sani Abubakar Danladi
is false”.
The Plaintiffs further sought an order of the Court to disqualify the APC
Governorship Candidate from contesting the March 2019 Governorship
Election.
The Plaintiffs filed the suit pursuant to Section 31(5) and (6) of the
Electoral Act 2010 which provides as follows:
31(5) “Any person who has reasonable grounds to believe that
any information given by a candidate in the affidavit or
any document submitted by that candidate is false may file a suit at the Federal High Court, High Court of a state
or FCT against such person seeking a declaration that the
information contained in the affidavit is false”
31(6) “If the Court determines that any of the information
contained in the affidavit or any document submitted by
that candidate is false, the Court shall issue an order
disqualifying the candidate from contesting the
election”.
Upon being served with the plaintiffs originating summons Sani Abubakar
Danladi through his Lawyer Yakubu Maikasuwa, Esq. filed a counter
affidavit and a preliminary objection on the 30th January, 2019. The
Preliminary objection was seeking to strike out the suit against Sani
Abubakar Danladi on the ground that the matter is a pre-election matter
under Section 285(a) of the 1999 Constitution of Nigeria as amended
which provides as follows:
285 (a) “Notwithstanding anything to the contrary in this
constitution, every pre-election matter shall be
filed not later than 14 days from the date of the
occurrence of the event, decision or action
complained of in the suit”.
The Plaintiffs replied the above objection through their Counter
affidavit and address filed on 7
th February, 2019. The Plaintiffs states
that Section 285(14) of the 1999 Constitution as amended defines what
constitutes a pre-election matter, and anything that does not fall within
section 285(14) is not a pre-election matter.
Section 285(14) of the 1999 Constitution as amended provides thus:
285(14) For the purpose of this Section ‘pre-election matters’
means any suit by-
(a) an aspirant who complains that any of the provisions of
the Electoral Act or any Act of the National Assembly
regulating the conduct of primaries of political parties
and the Provisions of the Guidelines of a political party
for conduct of primaries has not been complied with by a
political party in respect of the selection or nomination
of candidates for an election. (b) an aspirant challenging the action, decisions or activities
of the Independent National Electoral Commission in
respect of his participation in an election or who
complains that the provisions of the Electoral Act or any
Act of the National Assembly regulating elections in
Nigeria has not been complied with by the Independent
National Electoral Commission in respect of the selection
or nomination of candidates and participation in an
election and
(c) a political party challenging the actions, decisions or
activities of the Independent National Electoral
Commission disqualified its candidate from participating
in an election or a complaint that the Provisions of the
Electoral Act or any other applicable law has not been
complied with by the Independent National Electoral
Commission, in respect of the nomination of candidates
of political parties for an election, timetable for an
election, registration of voters and other activities of the
commission in respect of preparation for an election”
As the case was going on, Professor Mohammed Sani Yahaya, a former
Vice Chancellor of Taraba State University who also contested the
Taraba State APC Governorship primaries against Sani Abubakar Danladi
and came third through his lawyer P.D. Pius, Esq. filed an application
and Counter affidavit on the 4th February, 2019 seeking to be joined in
the Suit number FHC/JAL/CS/1/2019 against Sani Abubakar Danladi. He
further prayed the Court to declare him as the lawful candidate of APC
in the forth coming Governorship election of March 9, 2019.
In paragraph 12(a)-(i) of his Counter affidavit, Professor Mohammed Sani
Yahaya deposed as follows:
(a) The 1
st Defendant (Sani Abubakar Danladi) failed,
neglected and/or refused to present a legally valid and
recognized evidence that he is educated up to school
certificate level or its equivalent.
(b) There is no record of any candidate with the name of
ABUBAKAR SANI DANLADI at Bachama Primary School in
1979/84. The only candidate with the name SANI in that school was one SANI BABU who could read and write as
at 23rd day of December 1991 when he sought to change
his name. A copy of the affidavit of change of name
showing SANI BABU could read and write is attached as
EXH. E.
(c) On 17th February, 2004, another ABUBAKAR SANI
DANLADI who cannot read and write made a declaration
attempting to lay claim to the primary school
certificate of SANI BABU. A copy of the sworn
declaration affidavit of the said ABUBAKAR SANI
DANLADI who cannot read or write is attached as EXH.
F. the 1st Defendant (Abubakar Sani Danladi) is given
notice to produce the original of this affidavit.
(d) The 1
st Defendant (Abubakar Sani Danladi) has again
presented to the 2nd and 3rd Defendant the West African
Examination Council (WAEC) certificate of another
person incidentally called ABUBAKAR SANI DANLADI.
The owner of this certificate was born precisely on
April 3, 1977 about 9 years after the birth of the 1st
Defendant. A copy of the result is attached as EXH. F9.
(e) The passport photograph on the West African
Examination Council (WAEC) certificate of another
person incidentally called ABUBAKAR SANI DANLADI is
not that of the 1st Defendant (Abubakar Sani Danladi).
(f) The 1
st Defendant states that he was born on 14th
February, 1968.
(g) Further and from the face of the documents, the
passport photograph on the WAEC certificate is not the
same person with that of the 1st Defendant (Abubakar
Sani Danladi) before this Court. The 1
st Defendant is
given notice to produce the original and WAEC official
shall be subpoenaed to produce any counter copy if
available for comparison.
(h) On the 2nd day of February 2019 at about 8am at Garki-
Abuja, I was informed by Garba Umar and I verily believed him that the 1st Defendant (Abubakar Sani
Danladi) again presented a Diploma in public
administration statement of result and Advance
Diploma in Public Administration statement of result to
the 3rd defendant. And that both the Diploma and
Advance Diploma results bears the same date, the same
reference number, the same date of effect and
purportedly signed by the same programme
coordinator. The 1
st Defendant (Abubakar Sani Danladi)
is given notice to produce the original and I shall seek
subpoena duces tecum against the Registrar, Federal
University of Technology, Yola (now known as Moddibo
Adama University) to produce the Senate approved list
of result for 24th September 2008 Diploma and Advance
Diploma in Public Administration if any. Copy of these
results are attached as EXH. G.
(i) The 1
st Defendant (Abubakar Sani Danladi) has failed,
neglected and/or refused to furnish the 2nd and 3rd
Defendant with sufficient work experience.
Alhaji Sani Abubakar Danladi whose sole defence was anchored on issue
estoppel attempted to salvage his weak defence by filing a further
counter affidavit through his lawyer E.N. Chia, Esq. on the 13th day of
February, 2019. In the further counter affidavit Sani Abubakar Danladi
attached a judgement of the 2007 Taraba State Governorship Election
Petition Tribunal in petition number: EPT/TR/G/05/2007 &
EPT/TR/G/12/2007.
He further attached the judgement of the Court of Appeal Jos in APPEAL
number: CA/J/EP/GOV/55/08.
Sani Abubakar Danladi in his defence claimed that the two judgements
above have resolved the issue of his Form CF001 and as such, no other
Court can determined matter. Unfortunately for Sani Abubakar Danladi,
the two judgments he presented before the Court became his albatross
and destroyed his case entirely.
In page 78 of the 2007 Taraba State Governorship election Petition
Tribunal Judgement in Petition number: EPT/TR/G/05/2007 &
EPT/TR/G/12/2007 the Tribunal held as follows:
“Another issue against the 2nd respondent is that he lied under
oath in filling INEC Form CF001. We find that this issue is a
nonstarter as we have ruled previously that the issue of lying
on oath in Form CF001 is a pre-election matter within the
jurisdiction of Federal or State High Court. See Section 32(4)
of the Electoral Act 2006 and the case of JANG VS. DARIYE
(2004) FWLR (PT. 194) 412”.
Further on appeal in pages 40-41 the judgement of the Court of Appeal
Jos in Appeal number: CA/J/EP/GOV/55/08 the Court of Appeal also
held as follows:
“Issue 8 questions the rejection by the Tribunal of the
appellant’s Form CF001. In his argument learned Counsel
for the appellant said, relying on DAGGASH v. BULAMA
(2004) 14 NWLR (PT.892) 144 AT 130-231 among others, in
determining whether a document is admissible in evidence
or not, the Court is not concerned with how the document
was obtained but considers only the purpose for which it is
sought to be tendered. Form CF001 verifies on oath the
personal particulars of persons seeking to contest election.
The appellant would seek to tender the form not to confirm
the personal particulars of the 1st and 2nd Respondent but
to prove that the personal particulars are false. What the
appellant sought to prove by CF001 is that the personal
data provided to INEC by the Respondent is false. The
affidavit in Form CF001 is provided for in Section 32(2) of
the Electoral Act 2006. The appellant ought to have,
pursuant to section 32(4) of the Act approached the Federal
High Court or of the State High Court for a declaration that
the content of the Form CF001 is false. The Tribunal was
right to have rejected Form CF001 intended to prove that
the personal data of the Respondent is false as that was not
an issue the Tribunal was competent to determine. It is a
matter over which only the Federal or State High Court have
jurisdiction to decide contrary to the argument on behalf of
the appellant. Even though the form is pleaded as relevant
to the ground of complaint, the ground of complaint is not
within the jurisdiction of the Tribunal and the evidence
ought to be rejected. The issue is resolved in favour of the
respondent”. It is obvious before the Court that the Election Petition Tribunal and the
Court of Appeal never resolved the issue of form CF001 as claimed by
Sani Abubakar Danladi rather they held that the proper place to resolve
the form CF001 matter is at the Federal High Court or State High Court.
Before a person can succeed on the plea of issue estoppel per rem
judicata, the person must show to the Court that parties and issues in
the two cases are the same, the person must also show that the issue in
question was resolved in his favour in the earlier suit. Danladi Sani
Abubakar have failed woefully in establishing this defence.
In a desperate move to salvage his already bad and incurable case before
the Court one Stephen Maisamari with Sani’s consent and authority
deposed in paragraph 10 of the Sani’s counter affidavit as follows:
Paragraph 10 “That I supplied and entered the date of birth
of the 1st defendant as 3rd April, 1977, as I was
under pressure to conclude and process the
application of over 200 candidates so as to
meet the deadline of the return of completed
forms to WAEC”.
In another breadth Sani Abubakar Danladi in paragraph 13 of his further
counter affidavit deposed as follows:
Paragraph 13 “That the information contained in Exhibit
UJGT10 attached to plaintiffs affidavit which is
my senior school certificate, including the date
of birth given as April 3rd 1977 were entered by
West African Examination Council and signed by
its Chairman as he maker and issuer of the
certificate”.
The two depositions above are conflicting and contradictory. In
paragraph 10 his evidence was that Stephen Maisamari entered the age
April, 3rd 1977 for him while in paragraph 13 of his further counter
affidavit the same Sani also claimed that it was WAEC that entered the
date April 3rd, 1977 for him in his WAEC Certificate.
The Federal High Court after a rigorous hearing found and declared that
the information contained in the affidavit supporting the personal
particulars that Sani Abubakar Danladi was born on the 14th
February, 1968 is in conflict with Sani Abubakar Danladi’s date of birth contained in his West African Senior School Certificate
submitted by him to INEC which indicates that Sani Abubakar
Danladi was born on 3rd April 1977” and that;
“the information given by Sani Abubakar Danladi as to his age in the
affidavit in support of his personal particulars in the INEC form
CF001 submitted to INEC by Sani Abubakar Danladi is false”.
Consequently, the Court disqualified the APC candidate accordingly..."
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