Hon. (Major) Satty W. Gogwim V. Hon. Zainab G. Abdulmalik & Ors (2008)

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UZO NDUKWE-ANYANWU, J.C.A.

On 21st April, 2007, elections were held throughout the country into the senate. The Appellant was sponsored by Action Congress (AC) to contest for the Plateau Central Senatorial District, whilst the 1st Respondent was sponsored by Democratic Peoples Party (DPP) to contest for the same seat. After the election the Appellant was declared winner with 174,632 votes and was returned. The 1st Respondent was accorded 51 votes even though her party’s name and logo did not appear in the ballot papers.

The Petitioner/1st Respondent filed a Petition No. PL/NA/EPT/SN/1/2007 in the Election Tribunal and prayed for the following reliefs:

(1) “WHEREOF your Petitioner prays that it may be determined that the 2nd Respondent was not dully elected was null and void contrary to Section 145 (1) (C) Electoral Act 2006.

(2) An order that the election conducted on 21st April, 2007 in respect of Plateau Central Senatorial District be set aside for reason of corrupt practices and noncompliance with the provision of Electoral Act.

(3) An order directing a fresh election into the Plateau Central Senatorial District.

(4) Any other order that the Tribunal may deem fit to make pursuant to the Electoral Act.

(5) Cost of Petition.”

The Petitioner/1st Respondent also prayed for the last relief under the sub head particulars of non compliance.

(1) “A declaration that the Petitioner was validly nominated and was unlawfully excluded from the election having been duly cleared by 1st Respondent to contest same contrary to Section 145 (1) (d) of Electoral Act 2006.”

The Democratic Peoples Party (DPP) who sponsored the Petitioner/1st Respondent also filed a petition No. PL/NA/EPT/SN/19/07 and claimed the following reliefs:

(1) “To nullify the declaration and or return of the 1st Respondent by the 3rd Respondent as the elected candidate and/or winner of the Senatorial Election held on 21st April, 2007 for the Plateau Central Senatorial District.

(2) To nullify the election into the Senate of the Federal Republic of Nigeria in respect of Plateau Central Senatorial District held on 21st April, 2007.

(3) A declaration that the exclusion of the petitioner from participating in the election into the Plateau Central Senatorial District is unlawful.