FAMFA OIL LIMITED V ATTORNEY-GENERAL OF THE FEDERATION
June 13, 2025ALHAJI MOHAMMED SANUSI DAGGASH V HAJIA FATI IBRAHIM BULAMA & ORS
June 13, 2025Legalpedia Citation: (2003) Legalpedia (CA) 86721
In the Court of Appeal
HOLDEN AT PORT HARCOURT
Thu Oct 16, 2003
Suit Number: CA/PH/EPT/176/2003
CORAM
MICHAEL EYARUOMA AKPIROROH JUSTICE, COURT OF APPEAL
ABOYI JOHN IKONGBEH JUSTICE, COURT OF APPEAL
AYO G. IRIKEFE, JUSTICE SUPREME COURT
PARTIES
DR. CHINEDU IWU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Petitioner/Appellant filed a petition at the National Assembly/Governorship and Legislative Houses Election Tribunal, Imo State sitting at Owerri contesting the return of the 1st Respondent as the winner of the Imo State House of Assembly Election held on the on 3rd July 2003 as the said election was marred with wide-ranging allegations of malpractices and abuse of the electoral processes. The 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, and 10th Respondents however filed a notice of preliminary objection to the said petition on the ground that the proper parties had not been joined. The tribunal upheld the objection and struck out the petition. The Appellant, being dissatisfied with the decision, appealed to this Court.
HELD
Appeal Allowed
ISSUES
Whether the petition filed by the appellant was correctly struck out at that stage of the proceedings Whether in view of the circumstances of the case, there was any other way of handling the matter to ensure that justice was done to the parties without jeopardising laid down legal principles.
RATIONES DECIDENDI
ELECTION PETITION- DUTY OF COURT NOT TO RELY ON TECHNICALITIES
“Much reliance need not be placed on technicalities in determining sensitive issues such as election petition. To do so will only have the effect of driving the other party from the judgment seat, which is never ideal”. PER ADENIJI, J.C.A
ELECTION PETITION-DUTY OF STATUTORY OFFICIALS
“Statutory officials are never trained to become thugs or cheats. Some of them may go out of their way to aid cheating but that is not their primary duty. Where such overwhelming allegations are made, it is always better to allow the person alleging to prove them”. PER ADENIJI, J.C.A
CASES CITED
Chief Ambrose Owuru v. INEC & Ors (1999) 10 N. W. L. R. (Pt 622) page 201 at pages 212-213Egolum v. Obasanjo & Ors (1999) 7 N.W.L.R. (Pt 611) page 335 at page 431
STATUTES REFERRED TO
Electoral Act 2002
