ALHAJI MOHAMMED SANUSI DAGGASH V HAJIA FATI IBRAHIM BULAMA & ORS
June 13, 2025DENNIS AKOMA & ANOR v. OBI OSENWOKWU & ORS
June 13, 2025Legalpedia Citation: (2003) Legalpedia (CA) 10115
In the Court of Appeal
HOLDEN AT PORT HARCOURT
Thu Oct 9, 2003
Suit Number: CA/PH/EPT/143/2003
CORAM
MICHAEL EYARUOMA AKPIROROH
ABOYI JOHN IKONGBEH
DAVID ADEDOYIN ADENIJI
PARTIES
HON. OKOTO FOSTER BRUCE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant as a Petitioner filed a petition before the National Assembly/Governorship and Legislative Houses Election Petition Tribunal, sitting at Yenagoa, Bayelsa State for a number of reliefs the facts or details of which were not relevant to the determination of this appeal. At the hearing of the petition, two applications were brought before the Tribunal: One of them was the Petitioner’s application wherein he objected to the appearance by the Attorney-General of Bayelsa State on behalf of the Independent National Electoral Commission (INEC) and its officials (i.e the 2nd to 22nd Respondents), which objection the Tribunal overruled. The instant appeal relates to the second ruling wherein the Tribunal struck out the Appellant’s petition, based on the objection raised by the Respondents on the ground that the petition did not comply strictly with the provisions and requirements of paragraph 4(1)(c) of the First Schedule to the Electoral Act 2002, as the Petition allegedly failed to state on the face of it, the scores of the candidates as declared by INEC. The Petitioner in a reaction to the objection insisted that by pleading in paragraph 11 of his petition that the said scores were contained in forms EC80 (1) & EC83 (1), issued by INEC, and that he would rely on the forms at the trial to show the scores, he had substantially met the requirements of the Act. The Respondents, through their counsel, however, persuaded the Tribunal to hold, which held that the pleadings in paragraph 11 did not satisfy the statutory requirements and consequently, it struck out the petition hence this appeal.
HELD
Appeal Allowed
ISSUES
? Whether pleading the form which contained the scores of the candidates in an election satisfies and or amounts to compliance with the requirement of stating the scores of the candidates in an election petition brought under the Act.
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Decree No. 5 Of 1999Electoral Act, 2002
