MR. AUGUSTINE OMINI IWARA V. MR. UBI ETTAH ITAM (Alias Bombay) & ANOR
May 28, 2025SERGIUS ONYEKWELU VS ELF PETROLEUM NIGERIA LIMITED
May 28, 2025Legalpedia Citation: (2009) Legalpedia (CA) 18618
In the Court of Appeal
HOLDEN AT ENUGU
Tue Feb 10, 2009
Suit Number: CA/E/EPT/73/2008
CORAM
BOLOUKUROMO MOSES UGO
PARTIES
HON. JESSIE BALONWU APPELLANTS
SENATOR JOY EMORDI & 213 OTHERS RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Petitioner/Appellant was the candidate of the Labour Party while the 1st Respondent was the candidate of the Peoples Democratic Party (PDP), both of whom were contesting for the Anambra North Senatorial Seat. The 1st Respondent was declared the winner of the election and duly returned by INEC. This displeased the Petitioner/Appellant who then filed a petition before the Governorship and Legislative House of Assembly Election Petition Tribunal sitting at Awka, Anambra State. The Petitioner/Appellant contended that since the election which was scheduled to take place on 21/4/2007 did not hold, but another one was purportedly held on 28/4/2007, no election was held. The Tribunal however dismissed the petition on the ground that the presiding officers were not joined as parties to the petition, thus making the election petition incompetent. Further displeased by the Tribunal’s decision, the Petitioner/Appellant has appealed to this court.
HELD
Appeal dismissed.
ISSUES
Whether the Tribunal was right when the Tribunal held that the presiding officers were necessary parties who ought to have been found as parties in the election petition by the appellant.
RATIONES DECIDENDI
NON-JOINDER OF PARTIES IN ELECTION PETITION – FAILURE TO JOIN THE PRESIDING OFFICER IN AN ELECTION IS FATAL TO THE PETITION.
“The failure to join the presiding officer is fatal to the petition, and renders the petition to be dismissed for failure to join necessary officer in the petition.” PER V.A.O. OMAGE, JCA.
EFFECT OF NON-JOINDER OF PRESIDING OFFICERS – NON-JOINDER OF THE PRESIDING OFFICER IS FATAL TO THE PETITION.
“It is fatal to the petition not to join presiding officers.” PER V.A.O. OMAGE, JCA.
EFFECT OF FAILURE TO JOIN A PRESIDING OFFICER IN AN ELECTION PETITION – FAILURE TO JOIN A PRESIDING OFFICER IN AN ELECTION PETITION WOULD DEPRIVE SUCH PRESIDING OFFICER HIS RIGHT TO FAIR HEARING.
“To fail to join the Presiding Officers is in breach of Section 33 of the 1999 Constitution which prescribe a right of fair hearing even if the Presiding Officers were not present at the election.” PER V. A.O. OMAGE, JCA.
PRESIDING OFFICER – THE PRESIDING OFFICER CANNOT BE EXCLUDED FROM CULPABILITY FOR ANY DEFAULT IN THE CONDUCT OF THE ELECTION.
“On the Presiding officer he cannot be excluded from culpability for any default in an election conducted under the provisions of 2006 Electoral Law. See Kallamu vs. Gurin (2003) 16 NWLR (Part 849) 493.” PER V.A.O. OMAGE, JCA.
ELECTION PETITION – NATURE OF AN ELECTION PETITION
“An election petition is said to be Sui generis. It is neither a civil nor a criminal proceedings any slight default in compliance with the prescribed rules of the Electoral Act will be fatal to the petition. See Awuse v. Odili (2004) 8, NWLR (Part 876) at 509.” PER V. A. O. OMAGE, JCA.
ELECTION PETITION – AN ELECTION PETITION MUST ADHERE STRICTLY TO THE RULES OF THE ELECTORAL ACT AND NATURAL JUSTICE.
“An election petition must adhere strictly, very strictly to rules as provided in Electoral Act, and the body of Law in particularly the rules of natural justice of fair hearing which is enshrined in our 1999 Constitution.” PER V. A.O. OMAGE, JCA.
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1999Electoral Act, 2006.Evidence Act
