BARRISTER UMEH KALU V. CHIEF MAO.A. OHUABUNWA & ORS
June 13, 2025FAMFA OIL LIMITED V ATTORNEY-GENERAL OF THE FEDERATION
June 13, 2025Legalpedia Citation: (2003) Legalpedia (CA) 43111
In the Court of Appeal
HOLDEN AT PORT HARCOURT
Tue Nov 4, 2003
Suit Number: CA/PH/ EPT/226/2003
CORAM
MICHAEL EYARUOMA AKPIROROH JUSTICE, COURT OF APPEAL
ABOYI JOHN IKONGBEH JUSTICE, COURT OF APPEAL
DAVID ADEDOYIN ADENIJI JUSTICE, COURT OF APPEAL
PARTIES
CHIMA ANOZIE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Petitioner/Appellant instituted an action at the Governorship/Legislative Houses Election Tribunal Imo State, sitting at Owerri seeking for the cancellation of the election that returned the 1st Respondent as the winner on grounds of non-compliance with the provisions of the Electoral Act and a declaration that the Petitioner/Appellant was the winner of the said elections. The tribunal struck out the petition of the Petitioner/Appellant on the grounds of non-joinder of the necessary parties, contradiction in the grounds of petition and averments therein coupled with the fact that the votes cast did not support a relief for declaring the Petitioner/Appellant the winner of the said elections. Dissatisfied with the tribunal’s ruling, the Petitioner/Appellant appealed to the Court of Appeal.
HELD
Appeal Allowed
ISSUES
Whether there is merit in any of the grounds relied upon by the learned Tribunal to support its decision striking out the appellant’s petition for incompetence?
RATIONES DECIDENDI
TRIBUNALS-NEED NOT RELY ON TECHNICALITIES
“Tribunals need not rely so heavily on technicalities to the detriment of the serious issues needing scrutiny and determination”. PER ADENIJI, JCA
ELECTION PETITION-WHEN CAN BE STRUCK OUT- SECTION 133(3) OF THE ELECTORAL ACT
“Section 133 (3) of the Act enables a Tribunal to strike out a petition found not to be in accordance with some provisions of the Act”. PER ADENIJI, J.C.A
CASES CITED
Chia v. Uma (1998) 7 N.W.L.R. (Pt 516) 95;(2003) 1 WLR 106Chief Ambrose Owuru v. INEC & Ors (1999) 10 NWLR (Pt 622) page 201 at page 212-213Gen. Mohammed Buhari v. Alhaji Yusuf Dikko (unreported Supreme Court Judgment in Suit No.SC.116/2003 of 27/6/03)Egolum v. Obasanjo (1999) 7 N.W.L.R. (Pt 611) page 335
STATUTES REFERRED TO
Electoral Act, 2002
