ALL NIGERIA PEOPLES PARTY (ANPP) & ANOR VS INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) Archives - Legalpedia | The Complete Lawyer - Research | Productivity

CORAM

S.D. BAGE

PARTIES

1. ALL NIGERIA PEOPLES PARTY (ANPP)2. ANTHONY OGBOKIKU ODEY APPELLANTS

1. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)2. MR. ODEY LARRY OKORI3. THE PRESIDENT ELECTORAL COMMISSIONER, CROSS RIVER STATE4. THE ELECTORAL OFFICER, YALA LOCAL GOVERNMENT AREA5. THE RETURNING OFFICER FOR YALA STATE CONSTUENCY6. THE PEOPLES DEMOCRATIC PARTY RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellants’ case is that the 2nd Appellant was validly nominated by his party, the 1st Appellant as the Party’s candidate in the April 14th election but was unlawfully excluded from the election by the Respondents whereupon the 2nd Respondent was returned as the winner. Upon service of the Petition on them, the 1st, 3rd, 4th and 5th Respondents entered a conditional appearance, followed by a motion on notice for enlargement of time to file their reply. There was also the notice of preliminary objection raised by the 2nd and 6th Respondents. Some questions raised in the case had to do with the competence vel non of the petition and after hearing on the issue, the tribunal struck out the petition for failure to comply with paragraph 1 (1) (b) of the practice directions. Aggrieved by the ruling, the Appellant appealed to this court.

HELD

Appeal disallowed

ISSUES

Whether the procedure adopted by the Tribunal in suo motu calling for the petition for clarifying issues by Counsel was not proper in Law. Whether there was substantial compliance with the Election Tribunal and Court Practice Directions, 2007, when the Petitioner failed to file his written statement on oath. Whether written statement deposed to at the Registry of the High Court can be said to have the same legal status as those before the Tribunal.

RATIONES DECIDENDI

ELECTION PETITION-LIFE SPAN OF AN ELECTION PETITION

“This presupposes that the election petition has a life span. If the petition is incurably defective it is dead on arrival and the corpse ought to be dispose of with dispatch.” PER NGWUTA, JCA

COURTS AND TRIBUNALS – DUTY OF COURTS AND TRIBUNALS TO READ ITS CASE FILE

“A Tribunal and indeed a Court is not a rubber- stamp of any party before it. It is the duty of the Tribunal or Court to read its case file not “for the purpose of detecting faults” as learned Counsel for the appellant claimed but for the purpose of ensuring that it has jurisdiction in the matter, that the proper parties are before it, that the matter was brought in compliance with its rules of practice and procedure”. PER NGWUTA, JCA

ISSUE- WHETHER A TRIBUNAL IS ENTITLED TO RAISE ISSUE SUO MOTU

“The Tribunal is entitled to raise issue suo motu as long as the tribunal does not make a pronouncement on the issue so raised without giving the parties opportunity to address it on the issue. In so doing, the Tribunal did not derogate from its exalted status as an umpire.” PER NGWUTA, JCA

CASES CITED

Chief Emmanuel Osita Okeke v Alhaji Umaru Musayardua (2008) 34 NSCQR 1369Edu v Comm. for Agric. (2000) 12 NWLR (PT.673) 318.Ikentabest (Nig) Ltd v A-G Rivers State (2008) 6 NWLR (PT.1084) 612 AT 622 (SIC).Josien Holdings Ltd v Lord Mead LTD (1995) 1NWLR (PT.3710 754

STATUTES REFERRED TO

Practice Directions 2007Evidence ActThe Oath Act Cap 01 LFN 2004.

CLICK HERE TO READ FULL JUDGMENT

May 27, 2025

ALL NIGERIA PEOPLES PARTY (ANPP) & ANOR VS INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

Legalpedia Citation: (2009) Legalpedia (CA) 04138 In the Court of Appeal Tue Mar 31, 2009 Suit Number: CA/C/NAEA/215/07 CORAM S.D. BAGE S.D. BAGE S.D. BAGE S.D. BAGE […]