SENATOR USMAN ALBISHIR V INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

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

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

MOHAMMED LAWAL GARBA 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

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