George Akume & Anor V. Chief Dr. Simon A. Lim & Ors (2008)

LawGlobal-Hub Lead Judgment Report

UZO NDUKWE-ANYANWU, J.C.A.

Elections into the Senate were held nationwide on the 21st April, 2007. Seven (7) candidates sponsored by various Political Parties contested the election into the Benue North West Senatorial District. At the conclusion of the election, George Akume who was sponsored by Peoples Democratic Party (PDP) herein after referred to as the 1st Appellant was declared winner on 22nd April, 2007 having scored a total of 532,671 votes and was returned.

Being dissatisfied Chief Dr. Simon Azeghedse Lim sponsored by Action Congress (AC) hereinafter referred to as 1st Respondent filed a petition before the National Assembly/Governorship and Legislative Houses Election Tribunal holden at Makurdi Benue State on 22nd May, 2007.

(2) ISSUE TWO

Whether the refusal of the Tribunal to dismiss the petition is valid in law when the Petitioners failed to comply with paragraphs 3, 6(2) and (4) of the Election Tribunal and Practice Directions, 2007. (Distilled from Grounds 2 and 3).

(3) ISSUE THREE

Whether the petition is not incompetent for non-joinder of persons against whom allegations had been made in the petition and for non-compliance with the Oaths Act and Evidence Act thus depriving the Tribunal of jurisdiction to entertain the petition. (Distilled from Grounds 4, 5, 6 and 17).

(4) ISSUE FOUR

Considering the provisions of Section 32(1) and 144(1)(a) of the Electoral Act, 2008 and the provision of paragraph 4(1)(b) of the 1st Schedule to the Electoral Act, 2006 whether the 1st Petitioner does not lack the locus standi to present the petition and thereby deprive the Tribunal of jurisdiction to entertain the position. (Distilled from Grounds 11 and 26).

(5) ISSUE FIVE

Considering the totality of the case as contested by the parties before the Tribunal, whether the Tribunal was right when it held that, the Respondents to the petition admitted the malpractices alleged by the Petitioners. (Distilled from Ground 7 of the Grounds of Appeal).

(6) ISSUE SIX

Whether the Petitioners established the allegations contained in their petition which are criminal in nature beyond reasonable doubt as required by law. (Distilled from Ground 12 of the Grounds of Appeal).

(7) ISSUE SEVEN