DEMOCRATIC PEOPLES PARTY & ANOR V INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

CORAM

JA’ AFARU MIKA’ILU

ALEXANDER, JUSTICE SUPREME COURT

PARTIES

1.DEMOCRATIC PEOPLES PARTY2. SUNDAY N. JOHN APPELLANTS

1.INDEPENDENT NATIONAL ELECTORAL COMMISSION2. THE RETURNING OFFICER, LANGTANG NORTH CONSTITUENCY IN THE ELECTION INTO PLATEAU STATE HOUSE OF ASSEMBLY3. THE ELECTORAL OFFICER, LANGTANG NORTH LOCAL GOVERNMENT AREA4.NANPON T. BONGDEN RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Petitioner/ 2nd Appellant was sponsored by the 1st Petitioner/Appellant to contest a rescheduled election into the Plateau State House of Assembly to represent Langtang North Constituency under the platform of P.D.P in order to accommodate the Appellants, as the ballot paper provided by the 3rd Respondent for the first election excluded the name and logo of the 1st Appellant as required by the Electoral Act. The 4th Respondent also contested the rescheduled election on the platform of PDP and was returned elected. Aggrieved by the electoral result, the Petitioners/Appellants filed a petition at the Governorship and Legislative Houses Election Petition Tribunal contending that the election of the 4th Respondent was invalid for non-compliance with the provisions of the Electoral Act and in addition prayed the tribunal to nullify the said election and order a fresh election. The tribunal dismissed the petition. Dissatisfied with the tribunal’s decision, the Petitioners/Appellants have appealed to this Court.

HELD

Appeal Dismissed

ISSUES

Whether the use of the improvised ballot papers i.e the presidential election ballot papers provided by the 1st to 3rd respondents and used for the House of Assembly Election into Langtang North Constituency which appellants participated in and scored votes, the rescheduled election which held on 28/4/07 was rendered invalid for non-compliance with the Electoral Act, 2006.Whether the rescheduled election into langtang North Constituency that held on the 28/4/07 was held in substantial compliance with the provisions of the Election Act, 2006Whether the lower tribunal was right in dismissing the appellant’ petition”

RATIONES DECIDENDI

ELECTION-IRREGULARITIES AFFECTING A MINORITY OF VOTERS-WHETHER CAN VITIATE THE ENTIRE ELECTION

“Irregularities affecting a minority of voters would not upset an election of a candidate who scored the majority of lawful votes”. PER NDUKWE-ANYANWU, JCA

ELECTORAL ACT-NON-COMPLIANCE THEREWITH -ONUS OF PROOF -ON WHO LIES

“The onus to prove the non-compliance and is substantial effect on the result of the election remains that of the petitioner. PER NDUKWE-ANYANWU, JCA

FINDINGS OF A TRIAL COURT-ATTITUDE OF AN APPELLATE COURT THERETO

“It is now settled law that an appellate court will not make a practice of disturbing findings of a trial court or tribunal, particularly where the credibility of witnesses based on the demeanor of the witnesses is in issue”. PER AWALA JCA

SUCCESS OF AN APPELLANT- HOW DETERMINED

“The law is trite that the appellants can only succeed on the strength of his case”. PER AWALA JCA

CASES CITED

Adeola v. Owoade (1999) 9 NWLR (Pt. 617) pg 30 at 41;Boni Haruna and 2 ors. V. Adamu Malibio & anors (2004) 16 NWLR (Pt. 900) 487.Buhari v. Obasanjo (2005) 2 NWLR (Pt. 941) I at 280.Kodilinye v. Mbanefo Ode (1915) 2 WACA 336 at 337Na-Gambo v. N.E.C (1993) 1 NWLR (Pt. 267) pg 94.