Legalpedia Citation: (2009-05) Legalpedia 51199 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Wed May 27, 2009
Suit Number: SC 251/2007
CORAM
D MUSDAPHER, JUSTICE SUPREME COURT
G A OGUNTADE, JUSTICE SUPREME COURT
W S N ONNOGHEN, JUSTICE COURT OF APPEAL
I F OGBUAGU, JUSTICE SUPREME COURT
F F TABAI, JUSTICE SUPREME COURT
CHUKWUMA-ENEH, JUSTICE SUPREME COURT
MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT
PARTIES
HOPE DEMOCRATIC PARTY (HDP)
APPELLANTS
1. INDEPENDENT NATIONAL COMMISSION (INEC)
2. PROF. MAURICE IWU (CHAIRMAN INEC)
3. PEOPLES DEMOCRATIC PARTY (PDP)
4. ALHAJI UMARU YAR’ADUA (PDP)
5. THE NIGERIA POLICE FORCE
RESPONDENTS
AREA(S) OF LAW
ELECTION PETITION – PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The appellant petitioned the Presidential Election Tribunal challenging the election of the 4th respondent as the duly elected President of the Federal Republic of Nigeria.
The 1st and 2nd respondent filed preliminary objections on the ground that the 1st,3rd and 5th respondents were not juristic persons. The objections were upheld and the petition struck out. The appellant has appealed
HELD
Appeal allowed
ISSUES
NONE
RATIONES DECIDENDI
GROUNDS FOR PRESENTING AN ELECTION PETITION
A combined reading of section 145(1) and paragraph 4(1) of the first schedule both supra clearly sets out four distinct grounds for presenting an election petition as non-qualification of the candidate(s) returned; invalidity of an election by means of corrupt practices or non-compliance with the provisions of the Electoral Act, 2006; that the respondent was not duly elected by majority of lawful votes cast at the election; and, valid nomination of a candidate who was wrongfully excluded from, the election. Per ONNOGHEN JSC
WHAT A PETITIONER MUST DO IN BRINGING HIS PETITION
A petitioner is required by law to state in his petition the ground or grounds on which the petition is predicated in addition to stating therein the facts relied upon to sustain the said ground or grounds and finally the relief(s) sought. Per ONNOGHEN JSC
CASES CITED
NONE
STATUTES REFERRED TO
Electoral Act, 2006