INDEPENEDENT NATIONAL ELECTORAL COMMISSION (INEC) VS HON EMEKA ATUMA

CORAM

MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE

CHUKWUDIFU AKUNNE OPUTA

ADOLPHUS GODWIN KARIBI-WH

PARTIES

INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) APPELLANTS

1. HON. EMEKA ATUMA2. PEOPLES DEMOCRATIC PARTY (PDP)3. SENATOR NKECHI NWAOGU RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

SUMMARY OF FACTS
The 1st Respondent instituted an action by originating summons at the trial Court seeking for the resolution of the question whether or not Osisiomo- Ngwa local Government Area of Abia State is in Abia Central Senatorial district, where the 3rd respondent contested the 8th January, 2011 primaries and emerged winner or it is in the Abia South Senatorial district as asserted by the 1st Respondent and given the fact that the 3rd Respondent was not an indigene of the above local government, he was worthy to contest the said elections. The trial court in its judgment resolved all the issues against the 1st Respondent, who appealed to the Court of Appeal where the judgment of the trial Court was reversed. Piqued by the decision of the lower court, the Appellant appealed to Supreme Court which reversed the decision of the Appellate Court thus affirming the decision of the trial Court.

HELD

Appeal allowed.

ISSUES

Was the Court of Appeal wrong to have entertained question one (1) of the questions for determination in the Originating Summons and to answer it in the negative when the question was an invitation to indulge in an academic exercise. Was the Court of Appeal wrong to have entertained question two (2) of the questions for -determination in the Originating Summons and to answer it in the negative, when there was no evidence that a delineation of boundaries was effected pursuant to sections 71 and 72 of the Constitution of the Federal Republic of Nigeria, 1999. Was the Court of Appeal wrong when in answer to question three (3) of the questions for determination in the Originating Summons, it held that the nomination of the 3rd respondent was void as the 3ra respondent and her nominators were not registered to vote in the Abia Central Senatorial District. Was the Court of Appeal wrong when it held that Exhibit INEC 1 was unreliable for the purpose of determining whether Osisioma Ngwa Local Government Area is within Abia Central Senatorial District. Was the Court of Appeal wrong when it invoked section 15 of the Court of Appeal Act, 2009 and Order 19 Rule 11, Court of Appeal Rules 2011 and relied on Exhibit EA2 to hold that Osisioma Ngwa Local Government Area was not in Abia Central Senatorial District of Abia State.

RATIONES DECIDENDI

CASES CITED

Adeogun v. Fashogbon (2008) 7NWLR (PT. 115) 146 at180|Bello v. Eweka (1981) 1 SC 101|Ekpenong v. Nyong (1975) 2 SC 71|Government Gongola State v. Tukur (1989) 4 NWLR (Pt. 117) 592.|Mogo v. Mbamali &Anr.(1980) 3-4 sc 31|Mogaji v. Odofin (1978) 4 SC 91 at 93|Motunwase v. Sorungbe (1988) 5NWLR (pt.92) 90:|Ndulue v. Ibezim (2002) 49 WRN 130 at 152|Ojukwu v. YarAdua & Ors. (2009) 12 NWLR (Pt. 1154) 50 at 142|Olubodun v. Lawal (supra) at page 37|Ebba v. Ogodo (supra) at page 112

STATUTES REFERRED TO

NONE|

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