CORAM

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YARGATA B. NIMPAR    JUSTICE,  COURT OF APPEAL

CHINWE EUGENIA IYIZOBA    JUSTICE, COURT OF APPEAL

TIJJANI ABUBAKAR     JUSTICE, COURT OF APPEAL

TIJJANI ABUBAKAR     JUSTICE, COURT OF APPEAL

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PARTIES

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ADEWOLE O. ADEWUNMIPEOPLES DEMOCRATIC PARTY (PDP) APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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Nil

 

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SUMMARY OF FACTS

The Petitioner/1st Appellant was the candidate of the 2nd Appellant Peoples Democratic Party (PDP) while the 1st Respondent was the candidate of the 2nd Respondent, the All Progressive Congress (APC) at an election into the House of Representatives in respect of the Apapa Federal Constituency. At the end of the election, the 3rd Respondent (INEC) declared the 1st Respondent winner of the election having scored the highest number of vote in the election. Dissatisfied with the declaration and return, the Appellants filed a petition at the National and State Houses of Assembly Election Petition Tribunal,(Panel 1)Ikeja, Lagos, challenging the return of the 1st Respondent on the ground that he was not qualified to contest the election by virtue of section 138(1)(a) of the Electoral Act, 2010(as amended). The Appellants contended that the 2nd Respondent conducted its Primaries for the House of Representative without giving the 3rd Respondent a fresh notice as required by section 85(1) of the Electoral Act after rescheduling the date for the primaries and sought reliefs that the 1st Respondent did not participate in the said election as the notice of the Party’s Primaries fell short of the period required by section 85 (1) of the Electoral Act, 2010(as amended), an order nullifying the said election on grounds of non-qualification among others. At the conclusion of the trial, the Tribunal dismissed the petition hence this appeal at the instance of the Appellants.

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HELD

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Appeal Dismissed

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ISSUES

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Whether the tribunal can make any findings of fact on the alleged invalid sponsorship of the 1st respondent by the 2nd respondent (ground 1 of the notice to affirm judgment on other grounds)Whether the fact that the petitioners did not ask for a re-run of the election as one of the reliefs they are seeking is fatal to their case. (Ground 2 of the notice to affirm the judgment on other grounds)The decision of the lower Tribunal dismissing the Petition be affirmed because there is material on record showing that the Petitioners/Appellants admitted that the 1st Respondent was the candidate sponsored by the 2nd RespondentThe decision of the lower Tribunal dismissing the Petition be affirmed for failure by the Petitioners to ask for a re-run of the election conducted on the 28th of March 2015 into the Apapa Federal Constituency of the House of Representatives and thereby rendering the Petition incompetent.

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RATIONES DECIDENDI

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CASES CITED

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria 1999 (as amended)Court of Appeal Election Tribunal and Court Practice Directions 2011Electoral Act, 2010 (as amended)

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