Prof. Steve Torkuma Ugba & Ors V. Gabriel Torwua Suswam & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

OLU ARIWOOLA, J.S.C.

This appeal is against the judgment of the court of Appeal, Makurdi Judicial Division, (hereinafter called the court below), delivered on the 12th day of April, 2012 in an interlocutory appeal filed by the Appellants against the Ruling of the Benue state Governorship Election Tribunal, Holden at Makurdi, delivered on 13th February, 2012 in Petition No. GET/BN/02/2011.

The court below on the 19th September, 2011 had allowed the appeal filed by the present Respondents and struck out the petition of the Appellants before the Election Tribunal for improper commencement of pre-hearing session.

The Appellants appealed to this court and on the 14th November, 2011, this court in appeal No.SC.360/2011 allowed the appeal and ordered the petition to be heard on the merits. It is note worthy that this court in the appeal, confined itself to the sole issue of whether paragraph 47 (1) of the 1st schedule to the Electoral Act, 2010 was applicable to an application under paragraph 18 (1) and (3) of the same schedule.

When the matter came up again before the trial tribunal as ordered, with a new panel, the Appellants brought an application filed an 28/01/2012 seeking, inter alia, the following reliefs:

“(a)…

(b)…

(c) An order restoring ground three of the petition and hearing and determining same on the merits pursuant to the directive/order of the Supreme Court.

(d) An order entering judgment against the 1st, 2nd and 3rd Respondents in respect of Ground 3 of this petition in favour of the Petitioners.”

(See page 711 of the record – Vol. II)

In its considered ruling, notwithstanding the vigorous objection by the Respondents, the tribunal granted the restoration of ground three of the petition earlier struck out, as sought but refused to enter judgment against the Respondents in favour of the Appellants as Petitioners.

Aggrieved by the refusal to enter judgment in their favor against the Respondents, the Appellants appealed on that sole ground.

However, on the 28th February, 2012, the Tribunal applied the decision of this court in Action Alliance V. INEC & 4 ors in Appeal No. SC.23/2012 delivered on 14/2/2012 and the consolidated appeals of All Nigeria Peoples Party V. Alhaji Mohammed Goni & Ors (2012) 7 NWLR (pt.1298) 147 and struck out the appellants’ petitions.

The petitioners were dissatisfied and therefore filed their appeals on 29/2/2012 and 12/3/2012. The court below on 24/4/2012 based on the Preliminary Objection of the Respondents that the appeal had become an academic exercise had struck out the appeal.