Senator Usman Jibrin Wowo & Anor. V. Senator Adamu Muhammad Sidi-ali & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

ABDU ABOKI, J.C.A.

This Appeal is against the Judgment of the national Assembly Election Petition Tribunal sitting at Abuja delivered on the 22nd day of October, 2008.

The Brief fact of the case is as follows:-

The 1st Appellant, a member of the All Nigeria Peoples Party (ANPP) the 2nd Appellant, was nominated as 2nd Appellant’s candidate for the election to the Senate of the Federal Republic of Nigeria for the Federal Capital Territory (FCT) Senatorial District, Abuja held on the 5th and 6th day of April, 2008.

The 2nd Respondent, Peoples Democratic Party (PDP) also a registered Political Party in Nigeria, sponsored the 1st Respondent as its candidate at the aforementioned bye-election.

The 3rd Respondent, Independent National Electoral Commission (INEC), is the body established by the Electoral Act, 2006 and the 1999 Constitution with the responsibility of organizing, conducting and supervising the conduct of the Election, amongst other offices or position, into the office of the Senate of the Federal Republic of Nigeria.

The 3rd to 662nd Respondents are agents, staff or servants or ad-hoc staff of the 3rd Respondent who in various capacities as Presiding Officers, Electoral Officers and Returning Officer conducted the aforesaid bye-election at the various polling units and collation centers.

Following the aforesaid Bye-Election, the scores of the candidates were declared by the 3rd and 4th Respondents and the 1st Respondent was returned elected on the 7th day of April, 2008 having purportedly scored the highest votes.

The Appellants being aggrieved and dissatisfied with the said declaration and return of the 1st Respondent approached the lower Tribunal on the 5th day of May, 2008.

The Petition was based on the following grounds:-

“(a) That the 1st Respondent who was sponsored by the 2nd Respondent was not qualified to contest the election held on the 5th and 6th April, 2008.

(b) That the election was invalid by reason of corrupt practices or non compliance with the spirit and provision of the Electoral Act 2006 as amended.

(c) That the 1st Respondent was not duly elected by majority of lawful votes cast at the 5th and 6th April, 2008 Senatorial Election for the Federal Capital Territory, Abuja.”

The Appellants on the basis of the above grounds sought the following reliefs:-