Senator Dagana Ndayako & Anor. V. Senator Isa Mohammed & Ors. (2006)

LawGlobal-Hub Lead Judgment Report

RHODES-VIVOUR, J.C.A.

The Senatorial elections were held on the 12th day of April 2003 to fill the offices of Senators for all the States in Nigeria. The elections were conducted by the Independent National Electoral Commission (not a party to the petition).

The 1st appellant, 1st respondent and one Engr. Y. Y. Sani contested for the Niger South Senatorial District.

The 1st appellant contested as candidate of the United Nigeria Progressive Party (UNPP) and was credited with 51,169 votes.

Engr Y. Y. Sani contested as candidate of the All Nigeria Peoples Party (ANPP) and was credited with 44,643 votes, while the 1st respondent contested as candidate of the Peoples Democratic Party (PDP) and was credited with 200,489 votes.

The 1st respondent won the election as the elected Senator for Niger South Senatorial District and was duly returned by the Independent National Electoral Commission.

Dissatisfied with the results, the petitioner brought a petition before the National Assembly/Governorship and Legislative Houses Election Petition Tribunal of Niger State holden at Minna, Niger State challenging the declaration of the 1st respondent as Senator for the Niger South Senatorial District.

There are three grounds in the Petition. They arc, without their particulars as follows:

“GROUND 1

That the 1st respondent was at the time of the election not qualified to contest the election to the office of Senator of the Federal Republic of Nigeria representing Niger South Senatorial District.

Ground 2

That the 1st respondent was not duly elected by majority of lawful votes cast at the election.

Ground 3

That the election was invalid by reason of corrupt practices and non-compliance with the provisions of the Electoral Act.”