Salau Itopa Bello & Anor. V. Sadiq Asema Mohammed & Ors. (2008)

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OLUFUNLOLA OYELOLA ADEKEYE, J.C.A.

In an application filed on 22/1/08 and argued on 31/1/08, the interlocutory appeal CA/A/EP/213/07 was consolidated with the substantive appeal CA/A/EP/313/07 with consent of the parties. It is observed that both appeals arose from the same petition and the issues for determination in both appeals can be conveniently and expeditiously disposed of in one common appeal.

The appeal is against the judgment of the National Assembly/Governorship and Legislative Houses Election Petition Tribunal sitting at Lokoja delivered on the 8th of October, 2007. The election into the House of Representative Ajaokuta Federal Constituency took place on the 21st of April, 2007. The election was contested by different political parties. The 3rd-112th Respondents, Independent National Electoral Commission declared the following figures for the contestants at the election

(1) Action Congress- S. I. Bello – 2,363

(2) All Nigeria Peoples Party – Ahmed Iyanki Idris 596

(3) FreshDemocratic Party- Onoka Isah – 18

(4) Movement for Restoration & Defence of

Democratic Party Suleiman Salihu – 16

(5) People Democratic party – Sadiq Asema Muhammed -. 23,721

The 1st Petitioner – Salau Ilopa Bello and his party the Action Congress sought for the annulment of the election of the 1st Respondent by filing a petition on 21/5/07 before the National Assembly/Governorship and Legislative Houses Election Petition Tribunal sitting at Lokoja.

The petitioners challenged the election on two grounds:

“(1) That the election was invalidated by reasons of corrupt practices and non-compliance with the provisions of the Electoral Act.

(2) The 1st Respondent was not duly elected by majority of the lawful votes cast at the election …

The Petitioners prayed for the following two reliefs-