Dr.arthur Agwuncha Nwankwo & Ors. V. Alhaji Umaru Yar’adua & Ors (2010)

LAWGLOBAL HUB Lead Judgment Report

S. N. ONNOGHEN, J.S.C

On the 18th day of May, 2007, the appellants filed an election petition against the respondents praying for the following relief’s:

“(i) An order of the court that the Presidential election held on April, 21, 2007 is invalid for reasons of non-compliance with substantial sections of the Electoral Act, 2006.

(ii) An order of the court that the presidential election held on April 21, 2007 is invalid for reasons of corrupt practices.

(iii) An order of the court that at the time of the election, the 1st and 2nd Respondent were not qualified to contest.

(iv) An order that the 1st and 2nd Respondents were not duly elected by majority of lawful votes cast at the election.

(v) An order of the court that the presidential election 2007 may be declared nullified.

The grounds on which the reliefs are sought are stated as follows;-

“i. That the Presidential election held on 21st April, 2007 was invalid by reason of corrupt practices and non-compliance with the provisions of the Electoral Act, 2006.

ii. That the 1st and 2nd Respondents were not duly elected by majority of lawful votes cast at the election.

iii. That the 1st and 2nd Respondents as serving Governors of Katsina and Bayelsa States respectively were not qualified to contest the election.”

The 1st and 2nd appellants were candidates sponsored by the 3rd appellant, a registered political party at the election into the office of President and Vice President of the Federal Republic of Nigeria held on the 21st day of April 21, 2007, which the 1st and 2nd respondents were returned/declared elected as President and Vice president of the Federal Republic of Nigeria.

By a Notice of Preliminary Objection filed on the 2nd day of August, 2007, the 3rd to 41st respondents, challenged the competence of the court to entertain the petition on the following grounds:-

1. The petition is incompetent and fails to meet the mandatory requirements of paragraph 4(1) (a) (d) and 4(2) and 4(4) of the first Schedule of the Electoral Act, 2006.
2. Paragraphs 8, 10(1), 11-22 of the petition are vague without sufficient and materials particulars to sustain the allegations.
3. The petitioner failed to join the persons and/or electoral officers who allegedly perpetrated corrupt practices and electoral regularities in thirty-six states of the Federation and the Federal Capital Territory as well as constituent local governments areas, the wards and polling units, the failure of which is fatal quite from the fact that particulars of the corrupt practices and irregularities are not stated.
4. The 1st and 2nd Respondents are not in the category of persons who ought to resign from office before contesting the election as alleged or canvassed by the petitioners.
5. Nothing in the law justifies the assumption that the death of a candidate must lead irresistibly and conclusively to the postponement or cancellation of the election.
6. The petition is an abuse of the process of the court and is instituted bad faith.

The objections were grounded on paragraphs 4(6), 4(a) (b) of the First Schedule to the Electoral Act, 2006; paragraph 6(2) and (3) of the Court Practice Directions 2007; Order 3 Rule 3(1) of the Court of Appeal Rules, 2002 and Section 6(6) (a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999.