CORAM
ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT
UWANI MUSA ABBA AJI
ALOYSIUS IYORGYER KASTINA-ALU , JUSTICE, SUPREME COURT
UMARU ATU KALGO, JUSTICE, SUPREME COURT.
PARTIES
MUSA NAGOGO IBRAHIM APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff sued the defendants for nullification of the election into the office of Oriye Rindre of Nassarawa.He alleged that part of the selectors are not disqualified as they were not king-makers. ?
HELD
The court affirmed the decision of the trial court which dismissed the claim of the plaintiff as the election substantially complied with the provision of the law.
ISSUES
1. Whether the Court of Appeal was right to have refrained from substituting their own views on a material set of facts after having rejected the findings of the trial judge on same2. Whether the Court of Appeal was right in refusing to consider some issues raised by the parties before them.3. Whether on a preponderance of evidence, the Court of Appeal was right to have set aside the judgment of the trial court.”?
RATIONES DECIDENDI
AN ELECTION IS VALID WHERE IT IS CONDUCTED WITH REQUIRED QUORUM
“It is my respectful view that in an election such as in this case where the applicable law provides for a quorum of an Electoral College, and the quorum was obtained when the votes were cast, such election cannot be invalidated merely because the absent members of the Electoral College did not vote as the election.”…KALGO JSC
CASES CITED
Omolohon v. C.O.P. (1961) All NLR (Pt. 4), Na-Gambo v. N.E.C (1993) 1 NWLR (Pt. 267) 94. , Kaugama v. N.E.C (1993) 3 NWLR (P. 284) 681?
STATUTES REFERRED TO
The Appointment And Deposition of Chiefs (Appointment of Oriye Rindre) Order 1990?