HON. IDI SHEHU TIYIN & ANOR V. ALHAJI HAMZA GAWO & ORS

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Lead Ruling): A brief background to this ruling is as follows: A petition was filed at the National and State House of Assembly Election Tribunal, Bauchi, State by the 1st and 2nd Respondents against the declaration of the 1st Appellant as the winner of the election held on 28th April, 2011 for the seat of member representing Warji Constituency in the Bauchi State House of Assembly. In its judgment delivered at the close of trial on the 15th November, 2011, the lower Tribunal entered judgment in favour of the 1st and 2nd Respondents. Being dissatisfied with the decision of the Tribunal, the 1st and 2nd Appellants filed an Appeal to this Court on the 30th November, 2011, complaining on twelve grounds, wherein they seek an order of Court setting aside the judgment of the lower Tribunal and dismissing the petition.

When the Appeal arose for hearing on the 7th February, 2012, the Court wondered whether there was still a live appeal before it, …