Hon. Goodluck Nana Opia V. Independent National Electoral Commission & Anor (2014)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Owerri Division, which had struck out the Appellant/Originating Summons on the grounds that it lacked jurisdiction to entertain same.

Dissatisfied with the aforesaid Judgment, Appellant has further appealed to this court on 4 grounds of appeal, which without their particulars read thus:

“1. GROUND 1: ERROR IN LAW

The Court of Appeal erred in law when it held as follows:

The Learned trial Judge was thus right to have upheld the 2nd Respondent’s Notice of Preliminary Objection dated 13th June, 2011 and struck out the Appellant’s Amended Originating Summons filed on 6th June, 2011. Accordingly, this appeal lacks merit and it is accordingly dismissed.

GROUND 2: ERROR IN LAW

The Court of Appeal erred in law when it held thus:

The Appellant in this case was a party in an election and his political party (PDP) participated in the State House of Assembly election aforesaid under the provision of Section 132(1) of the Electoral Act 2010 (as amended). The Appellant would also from the facts of the case be entitled to question the election of the 2nd Respondent more particularly under the provision of Section 138(1)(b) and (c) that is:

(b) That the election of the 2nd Respondent was invalid by reason of corrupt practices or non-compliance with the Provisions of the Act.

(c) That the 2nd Respondent was not duly elected by majority of lawful votes cast at the election.

GROUND 3: ERROR IN LAW

The Court of Appeal erred in law when it held that:

In these circumstances, the learned Judge was right to have said that the Plaintiff/Appellant’s case goes beyond merely interpreting Section 68(1)(c) of the Electoral Act, 2010 (as amended) in the light of the Plaintiff’s Exhibit ‘A’ Form EC8E(1) (pages 259 of the record). Also, that it goes beyond merely making declaratory and injunctive orders pursuant to the provisions of Section 75(2) of the Electoral Act (supra) as argued by the learned Senior Advocate (page 2259) of the record).