MUHAMMADU DANGI JULI & ANOR v. ALH. YAHAYA MOH’D & ORS
June 27, 2025MADAM EUNICE ENABULELE V MADAM OMOYEVBESE AGBONLAHOR
June 27, 2025Legalpedia Citation: (1999) Legalpedia (CA) 15311
In the Court of Appeal
HOLDEN AT PORT HARCOURT
Wed Mar 17, 1999
Suit Number: CA/PH/EP/66/99
CORAM
SUNDAY AKINOLA AKINTAN JUSTICE, COURT OF APPEAL.
PIUS OLAYIWOLA ADEREMI JUSTICE, COURT OF APPEAL.
KUMAI BAYANG AKAAHS JUSTICE, COURT OF APPEAL.
PARTIES
BARRISTER CYPRIAN CHUKWU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Petitioner/Appellant was a candidate for the Chairmanship election held on the 5th day of December 1998 and on the 12th day of December 1998, for the Obio/Akpor Local Government Area of Rivers State. The Petitioner/Appellant contested under the banner of the Alliance for Democracy (AD), while the 1st – 3rd Respondents contested under the platform of the Peoples Democratic Party (PDP) the 4th Respondent. Although the 4th Respondent did not decide who would be its candidate for the election, the names of the 1st – 3rd Respondents were sent to INEC accompanied by series of letters. The name of the 3rd Respondent was submitted to the State Security Service Port Harcourt for screening, however, it was the 1st Respondent who was cleared for the election, consequently, the 1st Respondent won the election and this did not satisfy the Petitioner/Appellant. The Petitioner/Appellant filed a petition before the Local Government Election Tribunal of Rivers State seeking a declaration that the 1st – 3rd Respondent are not qualified to contest the election and that he be declared and returned as the winner of the election. The petition was dismissed by the tribunal and this led to the instant appeal.
HELD
Appeal dismissed.
ISSUES
Whether in the circumstances of the petition the honourable tribunal correctly dismissed the petition. Whether the Local Government Election Tribunal was right to hold that the 1st and 2nd respondents were the official candidates of the 4th respondent and that Exhibit “G” i.e. Form CF 003 is the decisive document and the statutory evidence of clearance
RATIONES DECIDENDI
EDUCATIONAL QUALIFICATION FOR THE OFFICE OF CHAIRMAN OR VICE-CHAIRMAN – EDUCATIONAL REQUIREMENT FOR HOLDING THE OFFICE OF THE CHAIRMAN OR VICE-CHAIRMAN – SECTION 10 ( C ) OF THE LOCAL GOVERNMENT (BASIC CONSTITUTIONAL AND TRANSITIONAL PROVISIONS) DECREE NO
“The clear wordings of section 10(c) of the Decree is that for a person to be qualified to hold the office of Chairman or Vice-Chairman (as the case may be):-
“(C) he is educated up to at least the School Certificate Level or its equivalent” PER K. B. AKAAHS, JCA.
NULLIFICATION OF AN ELECTION – AN ELECTION MAY BE NULLIFIED BASED ON THE GROUND THAT THE CANDIDATE RETURNED WAS NOT VALIDLY ELECTED – SECTION 87 (1) OF THE LOCAL GOVERNMENT (BASIC CONSTITUTIONAL AND TRANSITIONAL PROVISIONS) DECREE NO. 36. OF 1998.
Section 87 (1) & (2) of the Local Government (Basic Constitutional and Transitional Provisions) Decree No. 36 of 1998 provide as follows:-
“87 – (1) Subject to subsection 2 of this section, if the Election Tribunal determines that a candidate who was returned as elected was not validly elected on any ground, the Election Tribunal shall nullify the election.” PER K. B. AKAAHS, JCA.
LOCUS STANDI – ONLY A PERSON CLEARED TO CONTEST IN AN ELECTION CAN QUESTION THE ELECTION.
“Since the 3rd respondent was not cleared to contest the election, he has no locus to question the election on the return; neither can he pray that he be returned as validly elected; see Maikori v. Lere (1992) 3 NWLR (Pt. 231) 525.” PER K. B. AKAAHS, JCA.
OFFENCE OF FORGERY – THE OFFENCE OF FORGERY CANNOT BE TRIED BY AN ELECTION TRIBUNAL.
“It is the regular court which can decide whether the offence of forgery has been committed by the 2nd respondent and to pronounce the appropriate punishment.” PER K. B. AKAAHS, JCA.
ELECTION TRIBUNAL – AN ELECTION TRIBUNAL HAS THE DUTY OF DECLARING THE PERSON WHO SCORED THE MAJORITY VOTES AT AN ELECTION AS THE WINNER OF THE ELECTION IF THE PERSON RETURNED DID NOT SCORE THE MAJORITY VOTES. – SECTION 87 (2) OF THE LOCAL GOVERNMENT (BA
“(2) If the Election Tribunal determines that a candidate who was returned was not validly elected on the ground that he did not score the majority of valid votes cast at the election, the Election Tribunal shall declare as elected the candidate who scored the majority of valid votes cast at the election,” PER K. B. AKAAHS, JCA.
CASES CITED
STATUTES REFERRED TO
Local Government (Basic Constitutional and Transitional Provisions) Decree No. 36 of 1998
