NATIONAL INLAND WATERWAYS AUTHORITY VS THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED
May 28, 2025ANI VS THE STATE
May 30, 2025Legalpedia Citation: (2008) Legalpedia (CA) 15515
In the Court of Appeal
Thu Jun 5, 2008
Suit Number: CA/J/EP/GOV/268/2007
CORAM
MOHAMMED LAWAL GARBA JUSTICE, COURT OF APPEAL
RABIU DANLAMI MUHAMMAD JUSTICE, COURT OF APPEAL
MOHAMMED LAWAL GARBA JUSTICE, COURT OF APPEAL
M. B. DONGBAN-MENSEM, JP JUSTICE, COURT OF APPEAL
MOHAMMED LAWAL GARBA JUSTICE, COURT OF APPEAL
M. B. DONGBAN-MENSEM, JP JUSTICE, COURT OF APPEAL
M. B. DONGBAN-MENSEM, JP JUSTICE, COURT OF APPEAL
M. B. DONGBAN-MENSEM, JP JUSTICE, COURT OF APPEAL
MOHAMMED LAWAL GARBA JUSTICE, COURT OF APPEAL
M. B. DONGBAN-MENSEM, JP JUSTICE, COURT OF APPEAL
M. B. DONGBAN-MENSEM, JP JUSTICE, COURT OF APPEAL
MOHAMMED LAWAL GARBA JUSTICE, COURT OF APPEAL
MOHAMMED LAWAL GARBA JUSTICE, COURT OF APPEAL
MOHAMMED LAWAL GARBA JUSTICE, COURT OF APPEAL
MOHAMMED LAWAL GARBA JUSTICE, COURT OF APPEAL
M. B. DONGBAN-MENSEM, JP JUSTICE, COURT OF APPEAL
M. B. DONGBAN-MENSEM, JP JUSTICE, COURT OF APPEAL
MOHAMMED LAWAL GARBA JUSTICE, COURT OF APPEAL
M. B. DONGBAN-MENSEM, JP JUSTICE, COURT OF APPEAL
M. B. DONGBAN-MENSEM, JP JUSTICE, COURT OF APPEAL
RABIU DANLAMI MUHAMMAD JUSTICE, COURT OF APPEAL
UZO NDIKWE-ANYANWU JUSTICE, COURT OF APPEAL
ZAINAB A. BULKACHUWA
MOHAMMED LAWAL GARBA JUSTICE, COURT OF APPEAL
RABIU DANLAMI MUHAMMAD JUSTICE, COURT OF APPEAL
RABIU DANLAMI MUHAMMAD JUSTICE, COURT OF APPEAL
PARTIES
SENATOR USMAN ALBISHIR APPELLANTS
INDEPENDENT NATIONAL ELECTORAL COMMISSIONRESIDENT ELECTORAL COMMISSIONER/ RETURNING OFFICER, YOBE STATESENATOR MAMMAN ALIALL NIGERIA PEOPLES PARTY RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Petitioner/Appellant presented this petition before the Governorship and Legislative Houses Election Tribunal Yobe State Damaturu, praying the court to determine that the petitioner was validly nominated as the ANPP Governorship candidate in Yobe State for the 14th April 2007 Governorship elections, but was unlawfully excluded from the said election by the 1st Respondent, an order nullifying the said election and the returns made , an order that a fresh election be held in Yobe State on the date to be appointed by the 2nd Respondent and that the Petitioner shall be a candidate of the ANPP in the said election among other reliefs. The Federal High Court, Kaduna had earlier on settled the question of the Petitioner’s exclusion before he proceeded to the tribunal. The tribunal struck out the petition on the grounds that the Petitioner/Appellant had no locus standi to present his petition, hence this appeal.
HELD
Appeal Dismissed
ISSUES
None
RATIONES DECIDENDI
WRONGFUL EXCLUSION FROM AN ELECTION – WHETHER A PARTY WHO ADMITTED THAT HE WAS WRONGLY EXCLUDED FROM THE ELECTION CAN CHALLENGE THE DECLARATION OF RESULT AND RETURN THE RETURNING OFFICER
“A party, who on his own showing admitted that he was wrongly excluded from the election, cannot be in a position to challenge the declaration of result and return the returning officer.” PER I. A. SALAMI, JCA
VOID ACT – WHETHER THERE IS NEED FOR AN ORDER OF COURT TO SET ASIDE A VOID ACT
“If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of the court to set it aside. It is automatically null and void without more ado, though it is sometimes convenient to have the court declare it to be so”. PER I. A. SALAMI, JCA
VOID ACT – CONSEQUENCES OF A VOID ACT ON THE PROCEEDINGS OF COURT
“Every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there”. PER I. A. SALAMI, JCA
CASES CITED
STATUTES REFERRED TO
Electoral Act, 2006
