CORAM

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SUNDAY AKINOLA AKINTAN

ABOYI JOHN IKONGBEH

DAVID ADEDOYIN ADENIJI

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PARTIES

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BARRISTER UMEH KALU APPELLANTS

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1. CHIEF MAO.A. OHUABUNWA2. INDEPENDENT NATIONAL ELECTORAL COMMISSION3. RETURNING OFFICER FOR AROCHUKWU/OHAFIA FEDERAL CONSTITUENCY4. ELECTORAL OFFICER FOR OHAFIA LOCAL GOVERNMENT AREA5. ELECTORAL OFFICER AROCHUKWU LOCAL GOVERNMENT AREA6. THE RESIDENT ELECTORAL COMMISSIONER ABIA STATE7. RETURNING OFFICER FOR NDIELU NKPOROWARD8. RETURNING OFFICER FOR NDI ETITI NKPOROWARD9. RETURNING OFFICER FOR NDI AGBO NKPOROWARD10. RETURNING OFFICER FOR OHAFOR WARD 1, ABAM11. RETURNING OFFICER FOR OKAMU WARD OHAFIA12. RETURNING OFFICER FOR AGBOJI WARD ABIRIBA13. RETURINING OFFICER FOR AMAOGUDU WARD ABIRIBA14. RETURNING OFFICER FORAMAEKE WARD ABIRIBA15. RETURNING OFFICER FOR OVUKWU WARD ABAM16. RETURNING OFFICER FOR AROCHUKWU WARD 117. RETURNING OFFICER AROCHUKWU WARD 218. RETURNING OFFICER AROCHUKWU WARD 319. PRESIDING OFFICER FOR AMAIYI HALL POLLING STATION20. PRESIDING OFFICER FOR AMANKPO WOMEN HALL POLLING STATION21. PRESIDING OFFICER UKAOFIA/AMAFOR HALL POLLING STATION22. PRESIDING OFFICER FOR AGBAJA VILLAGE HALL II, 009-POLLING STATION23. PRESIDING OFFICER FOR PRIMARY SCHOOL POLLING STATION RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The Appellant was a candidate who on the platform of the National Democratic Party (NDP) contested in the election into Arochukwu/Ohafia Federal Constituency of the National Assembly held on 12th April 2003. There were six other candidates who contested alongside the Appellant, which included the 1st Respondent. At the conclusion of the election, the 2nd Respondent declared the 1st Respondent winner having scored the highest votes. The Appellant dissatisfied with the results declared, filed a petition at the Tribunal praying for a nullification of the overall results by reason of the electoral malpractices that took place in certain wards thereby, declaring the Appellant duly elected in the stead of the 1st Respondent. Upon service of the petition on the 1st Respondent, he entered a conditional appearance; similarly, the 2nd to 22nd Respondents entered conditional appearance. The 1st Respondent in his motion asked the Court to strike out the petition for incompetence and lack of jurisdiction. Two other candidates that contested the election along with the Appellant also filed separate petitions against the result and similar motions were filed, hence the Tribunal consolidated all the motions filed against each of the case and took submissions of all the parties in the case. The Tribunal in its ruling held that failure to join the electoral officials against whom allegations were made was in breach of the Electoral Act; therefore, the petitions were struck out for being incompetent. Further aggrieved with the decision of the Tribunal, the Appellant filed a Notice of Appeal against same.

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HELD

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Appeal Allowed

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ISSUES

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Whether the election tribunal was right in striking out the petition for non-joinder of some electoral officials whose conducts was the subject of complaints in the petition.

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RATIONES DECIDENDI

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JOINDER OF PARTIES TO AN ELECTION PETITION – APPROPRIATE PARTIES TO BE JOINED IN AN ELECTION PETITION

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“The position of the law is that only officers, who took part in an election and whose conduct the petition complains of, need to be joined as necessary parties. Similarly, the position of the law is also that failure to join such officials could not per se vitiate the petition. All that could happen is that the relevant paragraphs of the petition in which allegations are made against such officials who are not joined as respondents would be struck out. The question whether the petition could be sustained after the offending paragraphs had been struck out would depend on whether the remaining paragraphs of the petition could sustain the case: See Omoboriowo v. Ajasin (1984) 1 SCNLR 108; Egolum v. Obasanjo (1999) 7 NWLR (Pt. 611) 355; and Oduka v. Okwaranyia (1999) 4 NWLR (Pt. 597) 35”. –

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NON-JOINDER OF NECESSARY PARTIES IN AN ELECTION PETITION – WHETHER THE NON JOINDER OF SOME NECESSARY PARTIES IN AN ELECTION PETITION RESULTS IN THE STRIKING OUT OF SAME

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“Non-joinder of some necessary parties does not invariably lead to the striking out of the entire petition, especially, where there are other grounds that have nothing to do with the conduct of electoral officers or other persons involved in the conduct of the election”. –

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CASES CITED

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Not Available

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria, 1999 (as amended)|Electoral Act, 2002|

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