CORAM

---

SUNDAY AKINOLA AKINTAN JUSTICE, COURT OF APPEAL

ABOYI JOHN IKONGBEH JUSTICE, COURT OF APPEAL

DAVID ADEDOYIN ADENIJI JUSTICE, COURT OF APPEAL

---

PARTIES

---

BOMA GOODHEAD PETITIONER(S) / APPELLANT(S)

---

RESPONDENTS

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

The Petitioner/Appellant contested the election into the Rivers State House of Assembly on the platform of ANPP while the 1st Respondent contested the election on the platform of the PDP. The ANPP issued a Press Release urging its members to contest the election but subsequently withdrew from the contest without informing the Petitioner/Appellant.  The election was held and the 1st Respondent was returned elected. The Petitioner/Appellant filed a petition at the lower tribunal contesting that he won the election and not the 1st Respondent. The 1st Respondent however filed an objection on the ground that the Petitioner/Appellant had no locus standi to present the election petition since her party, (ANPP) had withdrawn from the race. The tribunal upheld the 1st  Respondent’s objection and struck out the Petitioner/Appellant’s petition on the ground that the Petitioner/Appellant  did not fit into the categories of persons that are competent to present an election petition under Section 133 of the Electoral Act 2002. The Petitioner/Appellant, dissatisfied with the decision of the lower tribunal, appealed to this Court.

---

HELD

---

Appeal Allowed and a Retrial was ordered.

---

ISSUES

---

The main issue to resolve is the issue of the candidacy of the appellant and if it was intact as at the date of election.

---

RATIONES DECIDENDI

---

CANDIDATE FOR ELECTION- WITHDRAWAL OF

---

“A candidate who wishes to withdraw his candidature can do so under Section 25 of the Act by notice in writing to his political party who in turn notifies the Commission of such withdrawal not later than 14 days to the election. The party may then be allowed to nominate another candidate”. PER ADENIJI, JCA

---

WITHDRAWAL FROM AN ELECTION-DUTY ON A CANDIDATE AND ITS PARTY

---

“The Act has prescribed that in case of withdrawal from an election, the candidate must notify the Party, so it would not be caught unawares, and by the same token, a party wishing to withdraw needs to inform a validly sponsored candidate of its intention to withdraw”. PER ADENIJI, JCA

---

ELECTION-REQUIREMENT FOR QUALIFICATION OF A MEMBER INTO A STATE HOUSE OF ASSEMBLY-SECTION 106 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

---

“106. Subject to the provisions of section 107 of this Constitution, a person shall be qualified for election as a member of a House of Assembly if –

(a) he is a citizen of Nigeria;

(b) he has attained the age of thirty years;

(c) he has been educated up to at least the School Certificate level or its equivalent; and

(d) he is a member of a political party and is sponsored by that party.” PER ADENIJI, JCA

---

CASES CITED

---

Dyson v. Attorney (1911) 11 KB 410 at 419Egolum v. Obasanjo & Ors (1999) 7 NWLR (Pt 611) 335 at 413Wike v. Icheonwo (1999) 4 NWLR (Pt 600) 618 at 626

---

STATUTES REFERRED TO

---

The 1999 Constitution of the Federal Republic of NigeriaThe Electoral Act 2002

---

CLICK HERE TO READ FULL JUDGMENT