Adekilekun Abimbola & Anor. V. Independent National Electoral Commission & Ors. (2009)

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SIDI DAUDA BAGE, J.C.A.

This is an appeal by the Appellants, who were the Petitioners at the Governorship/National Assembly and Legislative Houses Election Petition Tribunal, Osun State, sitting at Osogbo, in Petition No. HA/EPT/OS/4/2007 against the Judgment of the Tribunal Coram:- Honourable Justices H. Sarka, J. J. Majebi, O. Ipaye, A. A. Aderemi and A. O. Ogie, on the 4th of April, 2008. The facts leading up this Appeal are briefly delivered set out as follow:-

“Elections were held throughout the Federal Republic of Nigeria on the 14th April 2007 into the State Legislative Houses of Assembly. The Petitioner/Appellant contested the election on the platform of Progressive Peoples Alliance (P.P.A.) into the Osun State House of Assembly for Osogbo Local Government State Constituency Seat, and at the end of the election, the 4th Respondent was declared winner of the election by the 1st Respondent, the Independent National Electoral Commission. (INEC).”

Aggrieved by the return of the 4th Respondent at the said election, the Appellant filed a Petition No. HA/EPT/OS/4/2007, on the 14th of May, 2007 against the Respondents on the following grounds: (in summary)

“(a) The Petitioner was validly nominated but was unlawfully excluded from the election.”

The Appellant then prayed the Tribunal that it may be determined as follows:-

“(a) The Appellant (then the Petitioner) was the candidate of the People Progressive Alliance at the 14th April 2007 election.

(b) That he was validly nominated, but was unlawfully excluded from the election.”

The Tribunal entered a considered judgment on the 4th of April, 2008, dismissed the petition as lacking in merit. Dissatisfied with the decision of the Tribunal, the Appellant filed his Notice of Appeal dated and filed on the 23rd April 2008. Having regard to the Grounds of Appeal filed, the Appellant contend that the following are Issues arising for determination in this Appeal:-

(1) Whether the Tribunal was right when it discountenanced the admission of the 1st, 2nd and 3rd Respondents on the Appellant’s valid nomination as a candidate that contested the election and recoursed to facts not pleaded to dismiss the Petition. (Grounds 1 and 3).

(2) Whether the Tribunal made a proper assessment and evaluation of the evidence adduced by the Appellants before concluding that the Appellants have not proved their valid nomination as candidate that contested the April 14th 2007 election. (Grounds 2 and 4).

(3) Whether the joinder of the 6th and 7th Respondents was in issue in the proceedings. (Ground 5).

The 4th Respondent filed his Brief of Argument undated. In the said Brief of Argument, he formulated Three (3) Issues for determination in this appeal from the Grounds of Appeal, and they are:-

(1) Whether the Tribunal was right in holding that the 6th to 9th Respondents herein, are not statutory or necessary parties as contemplated within the provision of Section 144(2) of the Electoral Act, 2006. (Ground 5).